CII. Mich. 20 Eliz. In the Kings Bench.
* 1.1AN Action upon the Statute of 5 Eliz. of Perjury, was brought by three; and they declared, That the Defendant being exa∣mined upon his Oath before Commissioners, If a Surrender was made at such a Court of such a Mannor of a Copyhold, to the use of A. and B. Two of the Defendants swore, That no such Sur∣render was made, &c. Exception was taken to the Declaration, because that the certainty of the Copyhold did not appear upon the Declaration: For the Statute is, That in that case the party grieved shall have remedy; so as it ought to appear in what thing he is grieved, Quod fuit concessum per totam Curiam. Another Exception was taken, because that the Action in such case is given to the party grieved. And it appeareth upon the Declaration, That the surrender in the Negative deposing, of which the perju∣ry is assigned, was made to the use of two of the Plaintiffs only; and then the third person is not a party grieved; For he claims nothing by the surrender; and therefore, and because the two par∣ties grieved have joyned with the third person not grieved, It was the Opinion of Wray and Southcote, Iustices, That the Writ should abate.