STAC 5/C73/17r

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Case Book BL Harley MS 2143 fo. 27v.

Forgery of a writing sealed called the customary; punished according to the statute of 5 Elizabeth. Lord Cromwell, plaintiff; Taverner, defendant: for forging of a certain writing sealed, called the customary of the customs within the Lordship of North Elham in co. Norfolk, for wilful perjury and other misdemeanor, the defendant for defence alleged that the fact of forgery was not within the compass of the statute made against forgeries in the 5th year of the reign of Queen Elizabeth nor otherwise was any forgery, but only a misdemeanor; but the Chief Justice having had full conference with the rest of the judges therein did report that the fact of forgery therein which the defendant had done was flatly within the compass of the first branch and part of the said statute made against forging of deeds or writings sealed and thereupon convicted him according to the said statute made in 5 Elizabeth and the defendant to forfeit to Her Majesty the profit of all his lands for his life and for the perjury and other misdemeanor, the defendant falling upon his knees in open court, claimed the Queen’s pardon which was granted him. Easter 15 Elizabeth fo. 51-52. Hillary 15 Elizabeth [fo. 28r.] Costs and damages given by the statute of 5 Elizabeth how to be recovered. The plaintiff’s costs in this cause taxed at £21 16s, which sum he is to receive double according to the statute, and the 2 Lord Chief Justices to consider what process the plaintiff is to recover these costs and damages by, and whether he shall be first answered his costs and damages before the Queen’s majesty shall receive the profit of his land, see in this page the third or fourth case next following for the writ devised for the same. Easter 15 Elizabeth [fo. 28r.] A writ framed by the 2 Lord Chief Justices for the levying of double costs and damages given by this court upon the statute of 5 Elizabeth against forgery. Lord Cromwell his damages taxed at £50 which he is to receive double according to the statute and order in this cause in the beginning of this page so as the same together with his double costs amount to £142 2s 8d for the levying whereof the two Lord Chief Justices have framed a writ according to an order of this court directed to the sheriff of Norfolk vidt Elizabeth by the grace of God, to the sheriff of Norfolk, commanding to be levied in your bailiwick of the goods or chattels of James Taverner or of the issues and profit of his lands, tenements, and hereditaments or of one or both of them the sum of one hundred forty and two pounds, two shillings, 8d and the same have before us and our council in the court of Star Chamber at Westminster in the 15th of Holy Trinity next to be paid and delivered to our right trusty and well-believed Henry Lord Cromwell, which to him [fo. 28v.] in our court before us and our said council, by the consideration of the said court according to the form and effect of a statute made in the 5th year of our reign against forgery and writing of evidence hath been adjudged for his double costs and damages which he hath sustained by the occasion of the forging of a certain writing sealed contrary to the form and effect of the statute whereof the said James is convicted, and that you have there this writ witness our self at Westminster.

Easter 15 Elizabeth

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