After a little while, Mr. Chaworth seemed to grow stronger, and was removed to his own house: additional medical advice arrived, but no relief could be given him: he continued sensible till his death. Mr. Levinz, his uncle, now arrived with an attorney, to whom Mr. Chaworth gave very sensible and distinct instructions for making his will. The will was then executed, and the attorney, Mr. Partington, committed to writing the last words Mr. Chaworth was heard to say. This writing was handed to Mr. Levinz, and gave rise to a report that a paper was written by the deceased, and sealed up, not to be opened till the time that Lord Byron should be tried; but no paper was written by Mr. Chaworth, and that written by Mr. Partington was as follows: "Sunday morning, the 27th of January, about three of the clock, Mr. Chaworth said, that my Lord's sword was half-drawn, and that he, knowing the man, immediately, or as quick as he could, whipped out his sword, and had the first thrust; that then my Lord wounded him, and he disarmed my Lord, who then said, 'By G--, I have as much courage as any man in England.'"
Lord Byron was committed to the Tower, and was tried before the House of Peers, in Westminster Hall, on the 16th and 17th of April, 1765. Lord Byron's defence was reduced by him into writing, and read by the clerk. The Peers present, including the High Steward, declared Lord Byron, on their honour, to be not guilty of murder, but of manslaughter; with the exception of four Peers, who found him not guilty generally. On this verdict being given, Lord Byron was called upon to say why judgment of manslaughter should not be pronounced upon him. His Lordship immediately claimed the benefit of the 1st Edward VI. cap. 12, a statute, by which, whenever a Peer was convicted of any felony for which a commoner might have Benefit of Clergy, such Peer, on praying the benefit of that Act, was always to be discharged without burning in the hand, or any penal consequence whatever. The claim of Lord Byron being accordingly allowed, he was forthwith discharged on payment of his fees. This singular privilege was supposed to be abrogated by the 7 & 8 Geo. IV. cap. 28, s. 6, which abolished Benefit of Clergy; but some doubt arising on the subject, it was positively put an end to by the 4 & 5 Vict. cap. 22. (See _Celebrated Trials connected with the Aristocracy_, by Mr. Serjeant Burke.)