Anno quinto reginæ Elizabethe. At the parliament holden at Wesmynster the .xii. of Ianuary, in the fyfth yere of the raigne of our soueraigne lady, Elizabeth by the grace of god, of England, Fraunce, and Irelande, quene, defendour of the the fayth. [et]c. To the hygh pleasure of almyghtye God, and the weale publique of this realme, were enacted as foloweth

¶An Acte against the forgyng of Euidences and Wrytynges. The .xiiii. Chapter. (Book 14)

FOrasmuche as the wicked, perniciouse, and daun∣gerous practise of makinge, forging, and publishinge of false and vntrue Charters, euidences, dedes, and writynges, hath of late tyme ben very muche more practised, vsed and put in bre in all partes of this Realme, then in times passed, not only to the high displeasure of God, but also to the greate iniurye, wronge, hurte, do∣mage, disherison, and vtter vndoing of diuers the Quenes Maiesties subiectes of this Realme, and to the greate subuersion of Iustice and trueth, which semeth to haue growen and happened chieflye by rea∣son that the paynes and punishments limitted for suche greate and notable offences, by the lawes and statutes of this Realme, before this time haue ben, and yet are so small, mylde, and easye, that suche euil people haue not ben, nor yet are afrayed to enterprise the practi∣synge and doinge of suche offences: Be it therfore enacted by the Quenes moste excellent Maiestie, with the assent of the Lordes spi∣rituall

and temporall, and the Commons in this present Parliament assembled, and by the aucthoritie of the same, that if any person or per∣sons whatsoeuer, after the firste daye of Iune, nowe nexte comming, vpon his or their owne head and imagination, or by false conspiracie and fraude with others, shall wittingly, subtillye, and falsely forge or make, or subtellye cause, or wittinglie assent to be forged or made, any false dede, Charter, or writinge sealed, court roole, or the will of any person or persons in writtinge, to the intent that the state of freeholde or inheritaunce of any person or persons, of, in, or to any landes, tene∣mentes or hereditamentes, freeholde or Copie holde, or the right, tytle or interest of any person or persons, of, in, or to the same, or any of them, shall or maye be molested, troubled, defeated, recouered or char∣ged, or after the saide firste daye of Iune, shall pronounce, publishe or shewe forth in euidence, any suche false and forged dede, Charter, wry∣tynge, Court roole or will, as true, knowing the same to be false and forged, as is aforesaide, to the intent aboue remembred, and shalbe therof conuicted either vpon action or actions of forger of false dedes, to be founded vpon this statute, at the suite of the partie greued, or otherwise, accordinge to the order and due course of the lawes of this Realme, or vpon bill or information to be exhibited into the Court of the Starre chamber, according to the order and vse of that courte: shall paye vnto the partie grieued, his double costes and damages, to be founde or assessed in that Court where suche conuiction shalbe, and also shalbe set vpon the Pyllorye, in some open market towne, or other open place, and there to haue both his eares cut of, also his nosetrelles to be slyt and cut, and seared with an hot yron, so as they maye remaine for a perpetual note or marke of his falshead, and shall forfait to the Quene our soueraigne Lady, her heires and successours, the whole issues and proffites of his landes tenementes du∣ringe his life, and also shall suffer and haue perpetuall imprisonment during his life. The said damages and costes to be recouered at the suite of the partie greued, as is aforesaid, to be first payde and leuyed, of the goodes and Cattels of the offendour, and of the yssues and pro∣fites of the said landes, tenemētes, and hereditamentes of such partie conuicted, or of one or both of them, the saide title of our saide soue∣raigne Ladye the Quene, her heyres, or successours to the same, not∣withstandyng.

And be it further enacted by the aucthoritie aforesaid, that if any person or persons, after the saide first daye of Iune, vpon his or their owne head or imagination, or by false conspiration or fraude had with any other, shall wittingly, subtelly, and falselye forge or make, or wittinglye, subtelly, and falsely cause, or assent to be made and forged, any false Charter, dede, or writinge, to the intent that any person or

persons, shall or may haue, or clayme any estate or interest, for tearme of yeres, of, in, or to any manours, landes, tenementes or heredita∣mentes, not being copie holde, or any annuitie in fee simple, fee taile, for terme of lyfe, lyues, or yeres, or after the said day, shal as is aforesaid, forge, make, or cause, or assent to be made or forged any obligation or bill obligatorie, or any acquittaunce, release, or other discharge of any debte, accompte, action, suite, demaunde, or other thing personall, or if any person or persons, after the saide firste day of Iune, shall pro∣nounce, publishe, or geue in euidence any suche false or forged Charter, dede, writynge, obligation, bill obligatorie, acquittaunce, release or discharge, as true, knowynge the same to be false and forged, and shalbe thereof conuicted, by any the wayes or means aforesaide: that then he shall paye vnto the partie greued his double çostes and damages, to be founde and assessed in suche courte, where the saide conuiction shalbe had, and shalbe also set vpon the Pyllorie in some open market towne, or other open place, and there to haue one of his cares cut of, and also shall haue and suffer imprisonment by the space of one whole yere, without bayle or mainprise.

And be it further enacted by the aucthoritie aforesaid, that the partie and parties greued, by reason of any the offences aforesaide, shall and maye at his and their pleasure, haue and sue his action of forger of false dedes, vpon this statute, against any the offen∣dours in the same, by originall writte out of the Quenes highnes Courte of Chauncerie, and shall and maye haue lyke processe vppon the same, as in cases of trespasse at the common lawe, or maye at his pleasure take his suite against any suche offendours, in any the premisses, by byl, before the Quenes highnes, her heyres and suc∣cessours, in her Court commonlye called the kynges Benche, or in the Court of the Exchequer, in whiche suites, no essoygne, iniunction or protection shalbe allowed for the partie defendaunt.

And be it further enacted, by the aucthoritie aforesaide, that yf the partie defendaunt shalbe conuicted for any the offences aforesaid, accordyng to the order and fourme aboue lymitted, and shall haue re∣ceaued thereupon punishement corporall; accordynge to this acte: that then he shall not eftsones be empeached for the same offence.

And be it further enacted by the aucthoritie aforesaide, that al∣though the partie or parties plaintife, in any suche action or byll to be sued, as is aforesaid, shal after verdyt passed against the defendaunt or defendauntes, happen to releasse or discharge the iudgemēt or executi∣on vpon the same, or otherwise suffer the same to be discontinued: that yet neuerthelesse the same releasse, discharge, or discontinuaunce shall extende onelye to discharge suche costes and damages, as the same plaintifes shoulde haue had against the defendaunt, and that the

Iudges before whome the saide action or suite shalbe taken, shall and may procede to Iudgement, of, and vpon the residue of the saide penalties and forfaitures, and to commaunde execution vppon the same, the sayde release, discontinuaunce or other discharge, had, made, done, or suffered by the partie plaintife in any wise notwithstanding: This Acte or any thing therein conteined to the contrary in any wyse notwithstandyng.

And be it further enacted, by the aucthoritie aforesaide, that if any person or persons, beinge hereafter conuicted or condempned of any the offences aforesaide, by any the wayes or meanes aboue li∣mitted, shal after any suche his or their conuiction or condempna∣tion eftsones commit or perpetrate any of the saide offences in fourine aforesaide: that then euery suche seconde offence or offences, shalbe adiudged felonye, and the parties being therof conuicted or attainted accordinge to the lawes of this Realme, shall suffer such paynes of death, losse and forfaiture of their goodes, cattles, landes and tene∣mentes, as in cases of felony, by the common lawes of this Realme, ought to be lost or forfayted, without hauinge any aduauntage or be∣nefit of Clergie or Sanctuarye. Sauynge to euery person and per∣sons, bodyes polytike and corporate, their heyres and successours, other then the said offendours, and suche as clayme to their vses, all such rightes, titles, interestes, possessiōs, liberties of distresses, leasses, rentes, reuercions, offices and other profites and aduauntages, which they or any of them shall haue at the tyme of suche conuiction or attaindour, of, in, or to any the landes, tenemētes, or hereditamētes of any suche persone, so, as is aforesaide, conuicted or attainted, or at any tyme before, in as large and ample maner to all intentes and pur∣poses, as if this Acte had neuer ben had nor made.

Prouided alwayes, and be it enacted by the aucthoritie aforesaid, that any suche conuiction or attaindour of fellony, as is aforesaide, or any forfaiture by reason of the same, shall not in any wise extende to take awaye the dower of the wife of any suche person attainted, nor to the corruption of bloude, or disherison of any the heyre or heyres of any suche person or persons so attainted: This Acte or any thinge therin conteyned, or any other statute, lawe, vsage, custome or thinge heretofore vsed to the contrary, in any wise notwithstandyng.

Prouided also, and be it further enacted by the aucthoritie afore∣said, that this Acte or any thinge therein conteyned, shall not extende to charge any ordinary or any there Commissaries, officials, registers, or any other their officers, or ministers, with any the offences afore∣saide, for puttinge their Seale of office to any will, to be exhibited vnto them, not knowinge the same to be false or forged, or for writing of the sayde will or probate of the same: This Acte or any thynge

therin conteined to the contrary notwithstandyng.

And be it further enacted by the aucthoritie aforesaid, that all and euery Iustices of Oyer and determiner, and Iustices of Assise in their circuites, and euery of them, shall haue full power and auc∣thoritie in euery of their open and generall Sessions, to enquire, heare and determine, of all and euery the offences aforesayde, com∣mitted or done within the limittes of their Commission, and to make processe for the execution of the same, as they maye do against any person, beinge indited before them of trespasse, or lawfullye conuicted thereof.

And be it further enacted, by the aucthoritie aforesaide, that all other statutes heretofore made prouyded for forger of false dedes, Charters, munimentes or writinges, and all and euery penaltie ap∣pointed by the same, shal from and after the said first daye of Iune, be voyde and of none effecte in the lawe: Any suche statute or thynge therin conteyned to the contrary in any wise notwithstanding.

Prouided alwayes, that this Acte or any thynge therein con∣teyned, shall not extende or be hurtefull in any wyse to any Proctour Aduocat, or Register of any Ecclesiastical courte within this Realme, for the writyng, setting forth, or pleading of any proxie made accor∣dynge to the Ecclesiasticall lawes, or customes, heretofore vsed and allowed by the Ecclesiasticalll courtes of this Realme, for the ap∣pearaunce of any person or persons, beinge cited to appeare in any of the sayde Courtes Ecclesiasticall, nor to any Archdeacon or offi∣ciall, for puttynge their Autentique seale to the sayde proxies, or proxie, neyther yet to any Iudge Ecclesiasticall for admittynge of the same: But that they, and euery of them maye hereafter do in all pointes, concernynge the same, as they and euery of them myght lawfully haue done, before the makynge of this Acte: Any thinge in this Acte to the contrary in any wyse nothwithstandyng.

Prouyded alwayes, and be it further enacted by the aucthoritie aforesayde, that yf any persone or persons whatsoeuer, that hath of his or theyr owne heade, or by false conspiracie and fraude with any other, wittingly, subtelly, and falselye, forged or made, or shall before the sayde firste daye of Iune, forge and make any false dede, charter, or writinge sealed, or the wille of any person in writinge, or any Courterolle, to the entent that the state of freholde or in∣heritaunce, or the right, tytle or interest of inheritaunce or freholde of any person or persons, of, in, or to any manours, landes, tenementes or hereditamentes, beyng freholde or copyholde, or that by any such forged dede, charter, Courtroll or writynge, before the sayde firste daye of Iune, shall or may be molested, troubled, or defeated of any the saide estates of any landes, tenementes or hereditamentes,

beinge freholde or copyholde, or if any person or persons haue here∣tofore publyshed or shewed forth in euidence, or before the sayde first daye, shall publyshe or shewe in euidence, for the proffe of any title, any false and forged dede, charter, writynge, wille or Court∣rolle, as true, knowynge the same to be false and forged, as is afore∣saide, to the intent aboue remembred, and shalbe thereof attainted or conuicted, accordynge to the order of the lawes of this Realme, eyther in an action of forget of false faits, or in an action vppon the case, at the sute of the patrie greued, his heires, executours, or assignees: that then the partie so conuicted, shall paye and yelde damages and costes of sute, to the plaintife as shalbe assessed, ac∣cordyng to the order of the lawes of this Realme, in any suche lyke action or sute, and shall suffer imprisonment, and paye fyne and caunsome at the pleasure of the Quenes Maiestie, her heyres and successours. And if any person or persons, shall after the sayd first daye of Iune, pleade, publishe, or shewe forth in euidence, or other∣wise, for the proffe of any tytle, any false and forged dede, charter, writynge, wille, or courtrolle, (heretofore falselye made and forged, or to be falsely made and forged before the sayde first daye of Iune,) as true, knowynge the same to be false and forged, to the intent to haue or clayme thereby any estate of inheritaunce, freholde, or leasse of yeres, in or to any manoues, landes, tenementes or he∣reditamentes, or any annuitye, rent or profite forth of anye ma∣nours, landes, tenementes or hereditamentes, or to the entent to alter, defeate, moleste, trouble, charge, or recouer the estate of inhe∣ritaunce, freholde, or for yeres of any person, in any manours, landes, tenementes, rentes or hereditamentes: That then euery person and persons that shall so offende, and shalbe thereof conuicted in fourme firste aboue remembred, shall paye vnto the partie greued, double costes and damages, and shall haue imprisonment, losse of eares, slittinge and searynge of nose, and forfaiture of landes, in the same maner and fourme as aboue is lymitted for any person that shal offende by forgynge or publishynge of any false dede or writynge, as is aforesayde, after the aforesaide first daye of Iune.

Prouided alwayes, and be it enacted by the aucthoritie afore∣sayde, that this Acte nor any paine, forfaiture, or thynge therin con∣teyned, shall extende to any Attourney, Lawyer, or Counselour, that shall for his clyent pleade, shewe forth, or geue in euidence any false and forged dede, Charter, wille, Courtrolle, or other wrytynge, for true or good, beinge not partye and priuey to the forgynge of the same, for the pleadynge, shewynge forthe, or geuynge in euydence of the same: Anye thinge in this Acte to the contrarye notwith∣standynge.

Prouyded alwayes, and be it enacted by the aucthoritie afore∣said, that this Acte, or any thynge therein conteyned, shall not extende to any person or persons, that shall pleade or shewe forth any dede or writynge exemplifyed vnder the greate Seal of Eng∣lande, or vnder the Seal of any other Autentique Court of this Realme, nor shall extende to any Iudge or Iustice; or other per∣son, that shall cause any Seal of any Court to be set to any suche dede, Charter, or wrytynge, inrolled, not knowynge the same to be false or forged: Any thynge in this Acte to the contrary not∣withstandyng.