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A25407 An account of the late odious conspiracy against the reputation of Sir Humphrey Edwin, Kt. by a malicious indictment of perjury Together with his case, and a short account of the trial thereupon, before the Right Honourable Sir John Holt Kt. Lord Chief Justice of England; at Westminster the 13th of February, 1691. 1692 (1692) Wing A314A; ESTC R213067 7,655 3

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An ACCOUNT of the late odious Conspiracy against the Reputation of Sir Humphrey Edwin Kt. by a malicious Indictment of Perjury Together with his CASE and a short Account of the TRIAL thereupon before the Right Honourable Sir JOHN HOLT Kt. Lord Chief Justice of England At Westminster the 13th of February 1691. THIS Narrative shall be the shorter because 't is now by divers Circumstances become manifest That there was a malicious De 〈…〉 t the odious Scandal of Perjury upon Si● Humphrey Edwin hoping thereby to render him uncapable of serving in Parliament for the Burrough of Chippenham in Wiltshire for which his Petition was depending and also un●it for the Office of Alderman of the City of London Sir ●●zil Firebrass having obtained an undue Return to Parliament for the said Town of Chippenham and actually sitting ●●●●eupon in Parliament and fearing to be ejected by the said Sir Humphrey as afterwards he was And several Person● 〈…〉 n confidence of Success in the malicious Design having sollicited for the Election of the said Sir Bazil to be Alderman of London in the room of the said Sir Humphrey The occasion taken for the malicious Prosecution on pretence of Perjury was from an Answer of Sir Humphrey Edwin's in Chancery to a Bill of Mr. Matthew Johnson's And the true State of the Controversy between them is as followeth John Hall Esq about March 1687 8 being indebted several thousand Pounds to Sir Humphrey Edwin offered him divers Securities for the same and amongst the rest a Lease in Yorkshire which he had contracted for with the Trustees of the Queen Dowager in the Name of Matthew Johnson Esq paying two hundred and sixty Pounds Fine Sir Humphrey accepting thereof and going with the said Mr. Hall to Mr. Johnson's Chambers in the Temple The said Johnson acquainted them he had made some Proceedings therein already for Mr. Hall and had used his own Name in trust for him therein And he said that he had disbursed about twelve Pounds which would be lost if the Contract was to be new entred in Sir Humphrey's Name he therefore proposed to proceed to perfect the Lease in his own Name saying that when he had finished it he would Assign it over to Sir Humphrey as Mr. Hall then directed Thereupon Sir Humphrey empolyed him as a Trustee and gave him a Note for the 260 l. Fine that was to be paid to the Queen Dowager's Treasurer And also gave him the said Mr. Johnson Five Guineas for a Fee desiring him to hasten the Dispatch of the Writings The Lease being finished Mr. Johnson assigned part of the Tenements contained in the Lease to one Mr. Knowlesly and Mr. Shepherd that were Tenants thereof and who were to pay for the same above 300 l. and he promised Sir Humphrey that as soon as Mr. Knowlesly returned the Money out of York-shire it should be paid to him And Mr. Johnson then drew an Assignment of all the Remainder of the Lease from himself and Mr. Hall to Sir Humphrey which Mr. Hall Sealed and Executed at a Tavern with other Writings Mr. Hall giving Sir Humphrey a Receipt for 300 l. on the back of the Deed as the Consideration thereof And Mr. Johnson being only a Trustee the Consideration mentioned in the Deed to him was only five Shillings and the Deeds of Assignment were drawn by Mr. Johnson himself But he failing to come and Seal at the Tavern where Mr. Hall Sealed Sir Humphrey called in a Day or two at his Chambers for the said Assignment and some other Writings And then and never before Mr. Johnson alledged a Debt due to him from Mr. Hall of 250 l. which he pretended was to be paid out of the said Lease so he refused then to Seal But upon Sir Humphrey's Application to Mr. Hall Mr. Hall satisfied Mr. Johnson promising to clear all Accounts with him And then Mr. Johnson promised and soon after Sealed the said Assignment And Sir Humphrey a Day or two after his Sealing gave him twelve Guineas besides the aforesaid five Guineas for his Fees Care Pains and Dispatch in the said Business At which time they being both going into the Countrey and taking leave one of another Mr. Johnson called his Clerk Francis Sambrook to them and bid him look out and deliver Sir Humphrey Edwin his Writings whenever he called or sent for them But when Sir Humphrey called for the said Deeds though Mr. Sambrook delivered them to him and with him examined them and saw Sir Humphrey give them to his Servant and send him to Sir Francis Winington's for one of the principal Deeds that was found to be wanting And Mr. Sambrook had also received two Guineas for his Pains and 5 l. odd Monies for ingrossing the Writings yet when Sir Humphrey's Servant was ready to go away with the said Deeds the said Mr. Sambrook then pretended that he had Directions from his Master to demand 250 l. of Sir Humphrey for Mr. Hall's Debt and to detain the Writings unless Sir Humphrey gave a Note for that Money But he could not believe Mr. Johnson gave any such private Orders quite contrary to his Trust and Promise and Orders openly given to Sambrook so Sir Humphrey's Servant would not deliver back the Writings which his Master had paid for and given him but carried them home When Mr. Johnson returned out of the Countrey Sir Humphrey demanded of 〈◊〉 the aforesaid three hundred Pounds which he had promised sh●uld be returned out of Yorkshire And Mr. Johnson set up 〈◊〉 Pretence that Sir Humphrey ought to have paid him Mr. Hall's Debt of 250 l. before he had his Writings And thereupon cross Bills in Chancery were preferred by Sir Humphrey and Mr. Johnson And upon a Pretence that Sir Humphrey had not truly answered Mr. Johnson's Bill the Malice of some Conspirators picked out several Passages which they hoped to falsify by some Witnesses and thereupon took the Confidence to devise this Indictment of Perjury which Mr. Johnson hath often protested to have been done without his Desire or Privity The pretended Falshoods in Sir Humphrey's Answer alledged in the Indictment were as followeth viz. 1. That the said Sir Humphrey Edwin deposed in his Answer That Francis Sambrook Mr. Johnson's Clerk delivered the said Deeds or Assignments to the said Edwin 2. That the said Sir Humphrey denied that he ever agreed or promised to pay the said Matthew Johnson the said 250 l. in question or any part thereof 3. That Sir Humphrey denies that the said Assignment was Sealed and Delivered by the said Matthew Johnson as an Escroll and upon Condition to be void if the said 250 l. were not paid to the said Matthew Johnson in a Week or a short time after 4. That the said Sir Humphrey denies That he said Deeds were to remain in the Hands of the said 〈◊〉 ●ambrook in trust for the said Matthew Johnson until Paiment thereof 5. That the said Sir Humphrey denied That he had any Intention to defraud the