Case Book BL Harley MS 2143 fo. 15r.
No forgery within the statute of 5 Elizabeth to counterfeit a deed where there is a true deed of the same effect made to the party. John Daniell, plaintiff; Thomas Webster, defendant. For forging of a deed indented of confirmation concerning the freehold of certain lands of the plaintiff’s, the setting of the counterfeit hand and seal of the plaintiff there unto: which was directly proved, yet for that another deed was shewed forth to the court which was indeed a true deed, whereby the lands contained in the forged deed, were in truth confirmed to the defendant by the plaintiff in manner as by the false deed was limited, and that the same forged deed was but a counterfeit of the true deed, whereby the defendant could not hurt or prejudice the trial or inheritance of the plaintiff, and therefore the court held the same to be out of the statute of 5 Elizabeth for forgery of false deeds, and so discharged the defendant thereof.
Hillary 21 Elizabeth