EXTRACTS FROM VARIOUS ACTS OF PARLIAMENT

RELATING TO COPYHOLDS.

1 R. III. c. 4. (a).

"Of what credit and estate those Jurors must be which shall be impanelled in the Sheriff's Turn."

This statute, after noticing that great inconveniences and perjuries daily happened, "by untrue verdicts given in inquisitions and in"quiries before sheriffs in their turns;" enacted, that no bailiff nor other officer should from thenceforth return or impannel any such person, in any shire of England, to be taken or put in or upon any such inquiry in any of the said turns, but such as were of good name and fame, and had lands and tenements of freehold, within the same shires, to the yearly value of 20s. at the least, or else lands and tenements holden by custom of manor, commonly called copyhold, within the said shires, to the yearly value of 26s. 8d. over all charges, at the least.

"The act for Chantries Collegiate."

This stat. gives to the King all colleges, chantries, &c., in esse within five years before the first day of the then present parliament, and not then in the King's possession, nor within the exception of the same statute, or of the act of 37 H. 8. c. 4.: and all manors, &c. belonging thereto, and all manors, &c. appointed to the finding of any priest to have continuance for ever.

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§. 39. Provided always, that this act, nor any thing therein contained, shall in anywise extend to any lands, tenements, possessions or hereditaments whatsoever, that any master, dean, prebendary, warden or chantry, or any stipendiary priest of any college, chantry, prebend, fraternity, guild, or any other corporations, have or held of any person or persons by copy of court roll, or at will, according to the custom of any manor or manors, nor give or grant any copyhold lands to the King's Highness."

(a) See Co. Cop. s. 52. Tr. 120.

§. 40. "And also provided that the King's Highness, his heirs or successors, shall not in anywise have, hold, enjoy or take by virtue of this act or any article therein contained, any manner of copyhold lands, tenements, possessions, or hereditaments, whatsoever they be; but that all and every the said persons and incumbents shall have, hold, and enjoy the same during their lives, towards their pension and yearly living, paying their rents and doing their customs and services thereof due and accustomed; any thing in this act to the contrary notwithstanding."

2d & 3d ED. VI. c. 8.

An Act for finding of Offices before Escheators."

"Where many and divers persons holding, or that have holden lands, tenements, or hereditaments, some for term of years, and some by copy of court roll, have been expulsed, and put out of their terms and holds, by reason of inquisitions or offices founden before escheators, commissioners, and others, containing tenures of the King in capite (a), intituling the King to the wardship or custody of such lands or tenements, and sometime intituling the King to the same upon attainders of treason, felony, or otherwise, by reason that such leases for term of years or interest by copy of court roll of such persons, have not been found in such inquisitions or offices: after which expulsion, or putting out, the said persons have been without remedy for the obtaining of the said fermes and holds during the King's possession therein; and can have no traverse, monstrans de droit, nor other remedy for the same, because their said interest is but a chattel in the law, or a customary hold, and no estate of freehold."

§. 2. "And also where any person or persons hath any rent, common office, fee, or other profit apprendre, of an estate of freehold, or for years, or otherwise, out of such lands or tenements specified in such offices or inquisitions, the said rent, common office, fee or profit apprendre, not found in the same office or offices, such persons are in like manner without remedy to obtain, or have the said rent, common, office, fee, or profit apprendre, by any traverse or other speedy mean, without great and excessive charges, during the King's interest therein by force of such inquisition or office."

(a) See 12 Car. 2. c. 24. reducing all tenures to free and common socage, except only tenure by copy of court roll,

and otherwise as mentioned, ante, pt. 2, p. 673, pt. 3, p. 729, et seq.

§. 3. "For remedy whereof, be it enacted, by authority of this present parliament, that where any such office or inquisition is or shall be founden, omitting such titles, interests, or matters as aforesaid, that in all such cases every lessee, tenant for term of years, or copyholder, and every such person or persons that have or shall have any interest to any rent, common, or profit apprendre, for term of years, life or otherwise, out of any of the lands, tenements or hereditaments, contained in such office or inquisition, where the King, his heirs or successors, is or shall be intituled, as is aforesaid, to any such lands, tenements or hereditaments, shall have, hold, enjoy, and perceive all and every their leases and interests for term of years, or by copy of court roll, rents, commons, offices, fees and profit apprendre, in such manner, form, state and condition, as they and every of them should or might have done, in case there had been no such office or inquisition founden, and as they should or lawfully might, or ought to have done, in case such lease, interest by copy of court roll, rent, common, office, fee or profit apprendre, had been found in such office or inquisition; any law, custom, or usage to the contrary, heretofore used in such cases, in anywise notwithstanding."

5 ELIZ. c. 14.

"An Act against Forgers of False Deeds and Writings."

SECT. II. Be it enacted, &c. "That if any person or persons whatsoever, after the first day of June now next coming, upon his or their own head and imagination, or by false conspiracy and fraud with others, shall wittingly, subtilly and falsely forge or make, or subtilly cause or wittingly assent to be forged or made, any false deed, charter or writing, sealed, court roll, or the will of any person or persons in writing, to the intent that the estate of freehold or inheritance of any person or persons, of, in, or to any lands, tenements, or hereditaments, freehold or copyhold, or the right, title, or interest of any person or persons, of, in or to the same, or any of them, shall or may be molested, troubled, defeated, recovered, or charged; or after the said first day of June shall pronounce, publish or shew forth in evidence, any such false and forged deed, charter, writing, court roll, or will, as true, knowing the same to be false and forged as is aforesaid, to the intent above remembered, and shall be thereof convicted, either upon action or actions of forger of false deeds, to be founded upon this statute, at

the suit of the party grieved, or otherwise, according to the order and due course of the laws of this realm, or upon bill or information to be exhibited into the court of the star chamber, according to the order and use of that court, shall pay unto the party grieved his double costs and damages, to be found or assessed in that court, where such conviction shall be, and also shall be set upon the pillory in some open market town, or other open place, and there to have both his ears cut off, and also his nostrils to be slit and cut, and seared with a hot iron, so as they may remain for a perpetual note or mark of his falsehood, and shall forfeit to the Queen our sovereign lady, her heirs and successors, the whole issues and profits of his lands and tenements during his life, and also shall suffer and have perpetual imprisonment during his life; the said damages and costs to be recovered at the suit of the party grieved as is aforesaid, to be first paid and levied of the goods and chattels of the offender, and of the issues and profits of the said lands, tenements and hereditaments of such party convicted, or of one or both of them; the said title of our said sovereign lady the Queen, her heirs, or successors, to the same notwithstanding."

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§. 3. "And be it further enacted by the authority aforesaid, that if any person or persons after the said first day of June, upon his or their own head or imagination, or by false conspiration or fraud had with any other, shall wittingly, subtilly and falsely forge or make, or wittingly, subtilly, and falsely cause or assent to be made and forged, false charter, deed or writing, to the intent that any person or persons shall or may have or claim any estate or interest for term of years, of, in, or to any manors, lands, tenements, or hereditaments not being copyhold, or any annuity in fee simple, fee tail, or for term of life, lives or years; or after the said day shall, as is aforesaid, forge, make, or cause or assent to be made or forged, any obligation or bill obligatory, or any acquittance, release, or other discharge of any debt, accompt, action, suit, demand, or other things personal; or if any person or persons, after the said 1st day of June, shall pronounce, publish, or give in evidence, any such false and forged charter, deed, writing, obligation, bill obligatory, acquittance, release, or discharge, as true, knowing the same to be false and forged, and shall be thereof convicted by any the ways or means aforesaid, that then he shall pay unto the party grieved his double costs and damages, to be found and assessed in such court where the said conviction shall be had, and shall be also set upon the pillory in some open market town, or other open place,

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and there to have one of his ears cut off, and shall also have and suffer imprisonment by the space of one whole year, without bail or mainprise."

§. 4. "And be it further enacted, by the authority aforesaid, that the party and parties grieved by reason of any the offences aforesaid, shall and may, at his and their pleasure, have and sue his action of forger of false deeds upon this statute, against any the offenders in the same, by original writ out of the Queen's Highness Court of Chancery, and shall and may have like process upon the same, as in cases of trespass at the common law; or may at his pleasure take his suit against any such offenders in any the premises, by bill before the Queen's Highness, her heirs and successors, in her Court, commonly called the King's Bench, or in the Court of Exchequer; in which suits no essoign, injunction, or protection shall be allowed for the party defendant."

§. 5. "And be it further enacted by the authority aforesaid, that if the party defendant shall be convicted for any the offences aforesaid, according to the crder and form above limited, and shall have received thereupon punishment corporal according to this act; that then he shall not eftsoons be impeached for the same offence."

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§. 6. "And be it further enacted by the authority aforesaid, that although the party or parties plaintiff in any such action or bill to be sued, as is aforesaid, shall after verdict passed against the defendant or defendants, happen to release or discharge the judgment or execuupon the same, or otherwise suffer the same to be discontinued; that yet, nevertheless, the same release, discharge or discontinuance, shall extend only to discharge such costs and damages as the same plaintiff should have had against the defendant; and that the judges before whom the said action or suit shall be taken, shall and may proceed to judgment of and upon the residue of the said penalties and forfeitures, and to command execution upon the same; the said release, discontinuance, or other discharge had, made, done, or suffered by the party plaintiff, in anywise notwithstanding; this act or any thing therein contained to the contrary in anywise notwithstanding."

§. 7. "And be it further enacted by the authority aforesaid, that if any person or persons, being hereafter convicted or condemned of any the offences aforesaid, by any the ways or means above limited, shall after any such his or their conviction or condemnation eftsoons commit, or perpetrate any of the said offences in form aforesaid; that