who declined examining any witneffes on his own behalf, told their lordships, that what he had to offer in his own vindication he had committed to writing, and begged that it might be read by the clerk, as he feared his own voice, confidering his prefent fituation, would not be heard. His fpeech was accordingly read by the clerk in a very audible and distinct manner, and contained an exact detail of all the particulars relating to the melancholy affair between him and Mr. Chaworth. He faid, he declined entering into the circumftances of Mr. Chaworth's behaviour farther than was neceffary for his own defence, expreffed his deep and unfeigned forrow for the event, and reposed himself with the utmost confidence on their lordships juftice and humanity, and would with chearfulnefs acquiefce in the fentence of the noblest and most equitable judicature in the world, whether it were for life or for death. The peers then adjourned to their own house, and after fome time returned, when they found his lordship guilty of manslaughter. And as, by an old ftatute, peers are, in all cafes where clergy is allowed, to be difmiffed without burning in the hand, lofs of inheritance, or corruption of blood, his lordship was immediately difmiffed on paying his fees. The witneffes examined on behalf of the crown, were the feveral gentlemen in company at the Star and Garter tavern when the accident happened, the master and waiters, Mr. Hawkins and Mr. Adair, the furgeons who attended Mr. Chaworth, his uncle, and the lawyer who made his will.

The council for his lordship

Emanuel Antonio Aranha, aliás Francifco Morreira Bandeira, a harper or impoftor, for pretending to be of the brotherhood of the holy office, and acting as fuch in behalf of that tribunal, without licence for fo doing.-Whip. ping, and five years banishment to Calfita, with a faving of right to the injured party to iue for loffes and damages.

Antonio Jofeph Cefario De Azevado Coutenho, peruke - maker, for fwearing falfely againit a certain perfon.-Whipping, five years flavery in the gallies, and branding, as a falfe evidence.

Francifco Lewis Tavares, friar of a certain order, and Francifco de Santa Therefa, friar of a certain order, for giving falfe evidence at the tribunal of the holy office.-Deprived for ever of certain privileges, with fufpenfion of the functions of their orders for ten years, and actual flavery in the gallies for that fpace of time, and afterwards imprisonment during pleasure in the cells of the holy office.

Antonio Leitao, lay-brother of a certain order, for the fame offence.-Imprifonment during pleafure in the cells of the holy office, and afterwards actual flavery in the gallies for life.

Doigo Antonio Xavier, friar of a certain order, for the fame offence. The fame punishments as the two preceding the lait mentioned.

MEN,

Who did abjure their offences. Francifco Barboza, alias Pafcoal Mertins, a fhepherd; Francifco Leyte, glover; Miguel Rodrigues

Curto, hufbandman; John de Oliveira, or Teixeira; Jofeph Fernandes, a foldier; Vital Perreira Machado, and Antonio Jofeph Marquez, alias Jofeph Ribeiro, labourer; all for bigamy.-All thefe fentenced to whipping, and five years flavery in the gallies.

Antonio da Colla Ramos, for bigamy; and Francefis Antonio Pimentel, or Antonio Jofeph, labourer, for the fame offence.Thefe two were fentenced to whipping, and fix years flavery in the gallies..

Antonio Francifco, thepherd, for crimes of fuperftition. Banished for two years to Caftro Marine.

Bernardo Jofeph Loureyro, labourer, for pretending to work miraculous cures by means of his great piety. Whipping, and five years flavery in the gallies.

John da Cofta Dias, for holding blafphemous tenets, and feeking to obtain riches by fuperftitious practices. three years to the bishopric of

Vizeu.

Banished for

Joseph Antonio da Silva Ferreira, notary public, Bonaventura de St. Jago, and Anaftafio Dos Santos, fecular prieft, for fpeaking ill of the proceedings of the holy office.-Banifhed for five years to Angola.

Jacinto Jofeph Coelho, fecular prieft, an officer of the holy of. fice, for fpeaking ill of the holy office, and revealing certain proceedings of that tribuna!. -Deprived of his employment in the holy office, and banished for seven years to Angola.

Bernardino Jofeph de Andrader, bachelor of law, for fcandalous and heretical opinions, not pay[P] 3

ing

ing due reverence to the holy facrament, and for fpeaking ill of the proceedings of the holy office.Perpetual imprisonment in the cells of the holy office.

Emanuel Ribeiro, alias d'Emanuel Xavier, alias Sebaftian Xavier, a clergyman in minor orders, fentenced at Coimbro, at an act of Faith, on the 26th of September 1745, for having faid mafs, and confeffed people, without being qualified; for not complying with the banishment to which he was then condemned, and afterwards for being guilty of the fame offences.-Stripped of his religious habit, whipping, and ten years flavery in the gallies.

Gabriel Nunes, a liver by his wits, for crimes of Judaifm.-Confifcation of his effects, with imprifonment and the habit of ignominy during pleasure.

Daniel Nunes, for the fame offences. His punishment the fame.

Antonio Francifco Leyte, fecular prieft and confeffor, for atheifm.-Imprisonment, and the habit of ignominy during pleasure, incapacitated for any kind of office, fufpended for ever from his religious functions, and banished to the city of Evora, out of which he is not to go.

Antonio Carlos Monteiro, secular prieft and confeffor, for atheifm. Imprisonment and ha bit of ignominy during pleasure, with fufpenfion from religious functions.

WOMEN.

Catharine Marquez, in effigy, having died in confinement, accufed of Judaifm.

Jofepha Thereza Freire, for

years to Porto.

Angelica Carvalho, for crimes of fuperftition, and pretending the had held converfation with the foul of a certain deceased person. -Banifhment for three years to Vizeu.

Jofepha de Jefus, for crimes of fuperftition.-Banishment for three years to Liria.

Margaretta Jofepha, for disrespect fhewn to the image of a faintBanishment for three years to Basto Marine.

Amadore Mariana Ignacia de St. Miguel, nun of a certain order, for feigning vifions and revelations; for fpreading and writing erroneous doctrines.-Deprivation of privileges, imprisonment during pleafure in the cells of the holy of fice, and afterwards for life in the convent of Calvario.

Aguimar Nunes, for crimes of Judaifm.-Imprisonment, and the habit of ignominy for life.

diabolical affociation, two boys, Byfield and Matthews, fallied out on the public in the evening of the 7th of June 1765, under the protection of two men, Barny Carrol and William King. Carrol and Byfield had been together all day, and in the evening, about fix o'clock, they met Matthews and King, at the Golden Boot in Crofs-lane. The two boys had found a razorr-bladed clasp knife, about nine inches long when open, a few days before, and Carrol gave them a penny a-piece for it. This knife he made harp at the Boot, and it was agreed that Matthews and Byfield fhould that night pick pockets or fnatch hats; and that Carrol and King fhould be near to receive what they ftole, and fhould ftrike, ftab, or cut the nose and eyes of any that molefted

them.

waistcoat, for he was without a coat, juft as he was drawing his hand away.

Thus detected, and charged with the fact, the boy was confounded, and Mr. Kirkby, to terrify him, told him he would carry him before a juftice, though he had no intention of doing it. He did not however ftop, but led the boy along, very flowly, towards Temple-bar. As foon as he had taken hold of the boy, he perceived Carrol come up, and fixed his attention upon him; and foon after he faw Matthews and King, whom he justly imagined to be part of the gang. He did not, however, quit his hold of Byfield, but continued to lead him along, fill walking very flow, though he could obferve Carrol very active, fometimes behind him, and fometimes before him; and once he came up fo near to the boy, that the boy faid foftly to him, Keep away; the gentleman will let me go; upon which he fell back; but the boy overheard him fay to King, D-n him, but I'll cut him.

It happened that a gentleman, whofe name fince appears to be Carr, was just going to pafs Mr. Kirkby as he detected Byfield with his hand in his pocket. Mr. Carr, prompted by a natural curiofity, ftopped to fee how it would end, and inftead of paffing Mr. Kirkby, as he was about to do, he followed him at a very little distance. In this fituation, he faw Carrol come up first, then Matthews, and then King; upon which he ftepped forward, and told Mr. Kirkby there was a gang following him. Mr. Kirkby then begged he would walk close be[P] 4

hind

hind him, to prevent his being knocked down; and Mr. Carr did fo. Carrol then fell behind Mr. Carr, and Matthews and King followed Carrol, till they came near the corner of Arundel - freet; when Carrol pushed haftily by Mr. Carr, having the knife drawn in his hand, and ftopped till Mr. Kirkby came up; and then ftooping down, and looking up under Mr. Kirkby's hat, he inftantly, with a backhanded blow, as violent as he could make it, ftruck him crofs the nofe and eyes with the knife.

Mr. Kirkby wears his hat very low on his forehead, and he happened then to have on a very trong hat almoft new; this faved his life; for the blow entirely divided the hat, cutting both through the brim that was turned up, and the crown, in a direction flanting downward.

In the mean' time Mr. Kirkby, who felt his nofe benumbed, by the nerves having been divided, was not aware that he was wounded, but thought he had only received a violent blow; he found his eyes dim, indeed, but he imagined they had thrown duft in them; till putting up his hand to wipe it away, he difcovered the injury he had fuffered, by finding the blood run very profufe over it.

Carrol, at the moment he made the blow, cried, D-n you, Sir, let the boy go. Mr. Carr, hearing this, and feeing the ftroke, laid hold of Carrol; but Mr. Kirkby, at the fame inftant, quitting the boy, and making a blow at Carrol with his cane, unfortunately miffed him, and ftruck Mr. Carr on the hand that held him, which obliged him to quit his hold. Carrol and Byfield being thus releafed at the fame moment, Byfield ran behind a coach and got away; and Carrol croffing the way, and running crofs St. Clement's Church-yard, was pursued by Mr. Carr, who upon his flipping through the narrow paffage, by the chop-houfe, into Wych street, loft fight of him. King and Matthews followed, and Lo all got away.

Being then at the door of the Crown and Anchor Tavern, he went into it, and ordered a furgeon to be fent for. Mr. Ingram, who lives in Arundel-freet, came in two or three minutes, but Mr. Kirkby had already loft two quarts of blood. Mr. Ingram found the two great veffels of the forehead divided by a large transverse wound, beginning from the right, and going cross the right eyelid, and crofs the nofe to the left eye-lid, and terminating at the temple; the wound crofs the nose was fo wide that the bone was feen naked; and it would probably have divided both the eye balls, if it had not been for the hat.

At the fame time that Mr. Kirkby fent for Mr. Ingram, he fent alfo for Dr. Morris, a physician; who, by the time that the wound was dreffed, came in. He found a confiderable inflammation, and thought dangerous confequences might follow. The next morning, Saturday, the 8th of June, the doctor attended again with Mr. Ingram; and Mr. Kirkby, though he had no doubt of Mr. Ingram's abilities, yet being advised to call in another furgeon, fent for Mr. Pyle, from Weftminster hofpital, and every thing proper was done.

They