57.-Lord Byron to the Hon. Augusta Leigh. [Murray MSS.] "An Interview. If not an interview a disclosure to you of the circumstances on which she acts. "Of anything said to Mrs. L. by Lady B. on this subject L B. promises on his honour to take no advantage." 58.-The Hon. Augusta Leigh to Lord Byron. "DEAREST B.,-I will see Ly B the first thing and do all you desire. I shall call on you late today on account of your other visitors, whom you may wish to see tête à tête. "Believe me, dearest, in a 1000 hurries and worries, "I ordered Fish—pray eat." "Ever your most affecte Sister. 59.-Lady Byron to the Hon. Augusta Leigh. [Murray MSS.] "In this critical moment it would be impossible for me to speak on the subjects which I conceive you wish to discuss. And your difficulties would be nearly equal, since we might both be called upon to answer for words uttered in the most private conversation. This has been so strongly represented to me by Dr. Lushington, that he positively forbids any such interview-which, however, I cannot refuse without the greatest pain. "Yours most afly., 60.-Lord Byron to John Hanson. [Murray MSS.] "A. I. B." "March 9th, 1816. "Dear Sir,—I will call this evening at half past 7 or 8 oclock, and consult you upon this subject. 1816.] REFERENCE TO SIR S. SHEPHERD, 61.-REFERENCE TO SIR SAMUEL SHEPHERD. [Murray MSS.] 323 By the following document, agreed upon, after consultation, between Hobhouse and Colonel Doyle, drawn up in the former's handwriting, and signed by both Byron and his wife, the only outstanding questions were referred to the arbitration of Sir Samuel Shepherd, Solicitor-General : "Lord and Lady Byron refer to the sole and final decision of Sir Samuel Shepherd a question to be proposed to him relative to which they empower their legal or other advisers to answer any such queries as the Solicitor General may think necessary to ask for his information on the point. "As a preliminary, it is thought necessary to state the following particulars for Sir S. Shepherd's information : "First, with respect to a Separation by agreement, the Parties respectively consider that point as hereby assented to, in case Sir S. Shepherd should undertake the arbitration. "Secondly, in a principle of Separation formerly discussed between the parties, it was proposed by Lord Byron that the whole income of Lady Byron's present fortune should be now resigned to Lady B. for her use. But Lady B. would consent to receive only one half of the said sum, viz. 200£ per annum in addition to her pin money of 300 per annum, secured to her by marriage settlement. It is now agreed that this question should be referred to their respective legal advisers to be determined by them, calling in, if necessary, a third person to arbitrate between them, whose decision in this point shall be final and make part of the articles of Separation. "The matter now to be arbitrated by Sir Samuel Shepherd relates to the Noel property, for it is hereby expressly understood and agreed that the separation itself and the mode of fixing the proportion of Lady Byron's present income, are, and are to be, formally agreed upon as above specified; provided always that Sir S. Shepherd undertake the arbitration. "Lady Byron, under the will of Lord Wentworth her uncle, will, upon the death of Lady Noel, her mother, without issue male, become entitled to a life estate in a considerable landed property, the rental of which is between six and seven thousand pounds a year. This estate on the death of Lady Byron would go to her son, if any, and, in default of issue male, in the first instance, to another family, but, in the event of certain contingencies, to the present daughter of La and Lady Byron; so that Lord Byron has the power of immediately disposing of the reversion of the estate on the death of Lady Noel without issue male, for the joint lives of Lady Byron and himself. "By the principle of separation formerly discussed and above referred to, Lord Byron was required to bind himself immediately by a legal instrument to give Lady Byron for her own use out of this property when it should devolve to her upon Lady Noel's death, such a provision as arbitrators then appointed should deem reasonable. To this proposition, on the suggestion of his legal advisers, Lord Byron demurs, but consents, and the parties respectively, do hereby agree, that Sir S. Shepherd shall consider this point, and say, whether, under all the circumstances of the case, Lord Byron ought in fairness and equity now to bind himself by a legal instrument to make, on Lady Noel's death, such arrangement as may be deemed right by arbitrators appointed at that time. This therefore is the question submitted for Sir Samuel Shepherd's decision, and the parties mutually agree to be bound thereby, and to consent that the separation shall be carried into effect on such terms and conditions as Sir S. Shepherd shall, in this respect, decide to be right. "It is hereby moreover understood and agreed, that this separation shall now be drawn up and carried into effect by a conveyancer nominated by Sir S. Shepherd, and if either party should be of opinion that in the draft he shall make, Sir S. Shepherd's directions are not strictly complied with, reference shall be made to him, and his decision shall be final. "The parties declare that in case Sir S. Shepherd shall decline the above arbitration, that then the present document in every and each respect shall be considered null and void, and be cancelled; but that Sir Arthur Pigott, in the first instance, or, in case he should also decline, Mr. Shadwell, shall be requested to act as arbitrator on the same conditions by the respective subscribing Parties. "Signed BYRON. "A. I. BYRON." 62.-John Hanson to Sir Samuel Romilly. [Murray MSS.] "Bloomsbury Square, 18th March, 1816. "SIR SAMUEL,-I feel myself placed in a most unpleasant situation in consequence of having repeatedly assured Lord Byron that you were generally retained for his Lordship, which I find was the Case some time ago; and, finding that his Lordship would have Occasion to resort to your Advice in an unfortunate Misunderstanding with Lady Byron, I sent my Clerk, about 6 Weeks ago, to your Chambers to ascertain whether the retainer had been regularly entered on your Retainer Book, and your Clerk informed him that it was, and that no retainer had been given against Lord Byron or would be taken without informing me. Lord Byron has, however, acquainted me that he has been deprived of the Benefit of your Counsel from your having been recently retained or advised with, by Lady Byron. "I am sure you will do me the Justice to favour me with a 1816.] SIR S. SHEPHERD'S AWARD. 325 few Lines to mention how this has arisen, that his Lordship may not imagine that I have not acted with a proper Attention to his Interest or represented to him what was not Strictly true. "I have the honour to be, Sir, "Your obt, and most humble servt., "J. HANSON." 63.- Lord Byron to John Hanson. [Murray MSS.] "March 19th 1816. "DEAR SIR,-Mr. Hobhouse has the copy of the agreement, and he is now at his father's,-Whitton n! Hounslow. I have no copy whatever, nor know where to get one unless from Mr. Hobhouse. "I will show him your correspondence with [Romilly] when I see him. "Yours very truly, "BYRON 64.-Lord Byron to John Hanson. [Murray MSS.] "Thursday" [endorsed by Hanson, "March 21, 1816"]. "DEAR SIR,-The sum now due from Sir R. Noel is three quarters of a year's interest on the 2nd of this month, and I hope you will impress on Mr. Wharton the propriety of its being paid up, as I conceive that can have nothing to do with the subjects of present discussion. "Yours very truly, "BYRON." 65.-AWARD OF SIR SAMUEL SHEPHERD. [Murray MSS.] Sir Samuel Shepherd accepted the position of arbitrator, expressly stipulating that he should receive no fee. delivered his award March 27, 1816 He "I am of opinion and do decide that Lord Byron should now bind himself, on the event of Lady Noel's death, to appoint an Arbitrator who, together with an Arbitrator then to be appointed by Lady Byron, should decide whether any and what portion of that Estate should be secured to the sole and separate Use of Lady Byron during the life of Lord Byron." By the same award Sir S. Shepherd appointed Charles Butler, Esq., of Lincoln's Inn, to draw up the articles of separation, etc. 66.-Lady Byron to the Hon. Augusta Leigh. [Murray MSS.] "MY DEAREST A.,-Hearing that you are going out of Town, I must pray you to grant me what I refused, both because I cannot bear to think of not seeing you first, and also the grounds of the case are in some degree changed, as you will learn. Will you come to me here at any time in the course of the morning?-or would you like better that I should meet you at Mrs. Wilmot's? "Most affecly yours, "A. I. B." 67.-Lady Byron to the Hon. Augusta Leigh. [Hennell MSS.] "Mivarts, March 26, 1816. "MY DEAR AUGUSTA,-I do not know if it is from the misapprehension of parts of the conversation between you and me yesterday that the letters I have since received from Lord Byron have arisen. The testimonies which he has sent me, and which I shall return tomorrow, are quite unnecessary as I had not accused him of speaking of me in the manner which is denied. "His letter was delivered to me immediately by my father. I beg you to communicate this note. "Believe me, ever yours affecly, 63.-Lady Byron to the Hon. Augusta Leigh. [Murray MSS.] "Mivarts, March 27, 1816. "As I must go out at half past two, I may again lose your visit, and I am anxious to acquit you of all misrepresentation, and myself of having supposed that you had misrepresented. "As far as I am concerned I defer explanation at least till we meet, and I scarcely know if I am justified in requiring your attention to so unwelcome a subject of conversation. I cannot give you pain without feeling yet more myself. "Dearest Augusta, yours ever, |