Page:Ruffhead - The Statutes at Large - vol 2.djvu/318

 280 C. 9, Anno tricefimo fecundo Henrici VIII. A. D. 1540. I Roll ,147. tX^ c A p - IX - • "3 Ed. I. C. 2a j A-r-TI T-*l» 1" T-l 1 I * /* / If A' * ts'33. i 3 £rf.i. The Bill or Bracery and buying or Titles. Jlati 1. c. 49. -iSEd.i.flM.T,.' r i ^HE King our Sovereign Lord, calling to his moil blefTed Remembrance, that there is nothing within ft 11 ' ^ej 1 ''* ■*■ this Realm that conferveth his loving Subjects in more Quietnefs, Reft, Peace and good Concord, flai'.V. c 14.'. 3 * than the due and juft Miniftration of his Laws, and the true and indifferent Trials of fuch Titles and .4. Ed. 3. C it. ' Iflues, as been to be tried according to the Laws of this Realm, (2) which his moft Royal Majefty per- ■zo EJ. 3. c 4. ' ceiveth to be greatly hindred and letted by Maintenance, Embracery, Champerty, Subornation of Wit- 1 Rich. i. c. 4. « nefTes, finifter Labour, Buying of Titles and pretenced Rights of Perfons not being in PofTefTion, (3) Zn'c 2 " c ' Is ' ' whereupon great Perjury hath enfued, and much Inquietnefs, Oppreffion, Vexation, Troubles, Wrongs ir.j-ie concemin« ' ani ^ Diunheritance hath followed among his moft loving Subjects, to the great Difpleafure of Almighty Maintenance, ° ' God, the Difcontcntation of his Majefty, and to the great Hindrance and Let of Juftice within this his > Embracery and ' Realm:' (4) For the avoiding of all which Mifdemeanors, and Buying of Titles and pretenced Rights, Champerty, an j to the Intent that Juftice may be more fully and indifferently miniftred, and the Truth in Caufes of ffiall tepit m Contention plainly tried between his Subjects of this Realm : (s) Be it enacted by our faid Sovereign Lord, iLeon.166 z-S. with the Aflent of the Lords Spiritual and Temporal, and the Commons, in this prefent Parliament affem- 2 Lean. 39, 4S. bled, and by Authority of the fame, That from henceforth all Statutes heretofore made concerning Main- Co. pi. f. 258, tenance, Champerty and Embracery, or any of them, now ftanding and being in their full Strength and 364 Moor 266. F orce? fhall be put in due Execution, according to the Tenures and Effects of the fame Statutes. "Le'n ' •""? ^" And over that, be it further enacted by the Authority aforefaid, That no Perfon nor Perfons, of what Hob. 115. ' Eftate, Degree or Condition foever he or they be, fhall from henceforth bargain, buy, or fell, or by any Codb. 450. Ways or Means obtain, get or have any pretenced Rights or Titles, or take Promife, Grant or Covenant Coldib. 101.pl. to have any Right or Title of any Perfon or Perfons, in or to any Manors, Lands, Tenements or Heredi- pi r f e,, o y ' taments (except fuch Perfon or Perfons, which fhall fo bargain, fell, give, grant, covenant or promife the Dyer 74J ' fame, their Anccfiors, or they by whom he or they claim the fame, have been in Poffeffion of the fame, 4 Co. 26. °r of the Reverfion or Remainder thereof, or taken the Rents or Profits thereof, by the Space of one whole Bro. Mainte- Year next before the faid Bargain, Covenant, Grant or Promife made) (2) upon Pain that he that fhall nance 38. make any fuch Bargain, Sale, Promife, Covenant or Grant, to forfeit the whole Value of the Lands, Te- Cro. El. 257. nements or Hereditaments, fo bargained, fold, promifed, covenanted or granted, contrary to the Form of z'-i. "'id! this Act; (3) and the Buyer and Taker thereof, knowing the fame, to forfeit alfo the Value of the faid Xaymsitd 537. Lands, Tenements or Hereditaments fo by him bought or taken as is abovefaid; (4) the one Half of the None (hall buy faid Forfeitures to be to the King our Sovereign Lord, and the other Half to the Party that will fue for the any pretenfed f ame j n an y f the King's Courts of Record, by Action of Debt, Bill, Plaint or Information; in which land' unMs the Action, Bill, Plaint or Information, no EiToin, Protection, Wager of Law, nor Injunction fhall be al- Scllerhath taken Wed. . . . J" of one Year he or they be, do hereafter unlawfully maintain, or caufe, or procure any unlawful Maintenance, in any before. 1 An- Aftjcm^ Demand, Suit or Complaint in any of the King's Courts of the Chancery, the Star-Chamber, "■70,7 ,201. ij/hitchaU^ or elfewhere within any of the King's Dominions of England and Wales, or the Marches of the ments; (2) and alfo that no Perfon nor Perfons, of what Eftate, Degree or Condition foever he or they be, Goldfb. 713. Jo hereafter unlawfully retain, for Maintenance of any Suit or Plea, any Perfon or Perfons, or embrace any pi. 1. Rait. pi. 1. Freeholders or Jurors, or fuborn any Witnefs, by Letters, Rewards, Promifes, or any other finifter La- The Penalty is' bour or Means, for to maintain any Matter or Caufe, or to the Difturbancc or Hindrance of Juftice, or to enlarged to 40 1. the Procurement or Occafton of any manner of Perjury by falfe Verdict or otherwife, in any manner of hy5E).c. 9.^ 3. Courts aforefaid, (3) upon Pain to forfeit for every fuch Offence x. li. the one Moiety thereof unto the B;o. Mamte- King our Sovereign Lord, and the other Moiety to him that will fue for the fame by Action of Debt, Bill, nance 1, 3, 5> P] a; n t or Information in any the King's Courts; in which Action, no EiToin, Protection, Wager of Law, ■6, 7, S,g, 13,14, t . n - ji_ n t_ 11 j jo 36,17,18,19,20, nor ^junction fhall be allowed. S.4. *7> 28 > 3°> 3 2 » 34. 39. 4°. 4:. 4*. 43. 4 s . 49. 5°. 5'. 53- Purchafing of a IV. Provided alway, and be it enacted by- the Authority aforefaid, That it fhall be lawful to any Perfon pretenied Title or p er f ons being in lawful Poffeffion by taking of the yearly Farm, Rents or Profits, of or for any Manors, Poffeffion hl'aw- Lands, Tenements or Hereditaments, to buy, obtain, get or have, by any reafonable Ways or Means, the f u l, pretenced Right or Title of any other Perfon or Perfons, hereafter to be made to, of, or in fuch Manors, Dyer 53. Lands, Tenements or Hereditaments, whereof he or they fhall fo be in lawful Poffeffion; any Thing in this Act contained to the contrary notwithftanding. Proclamation of y_ ^nd for the due Execution of this prefent Act, be it farther enacted by Authority abovefaid, That Maintenance, -' ..,. / _. . . ' . . ., f> .. „: . Champerty, ,&c. in every County within their Circuits, two f jmes in the Year, that is to lay, in the f ime or tneir sittings (hall be made at for the taking of Affifes or Delivery of the Gaols, caufe open Proclamation to be made, as well of this pre- jhe Affiles. fent Act, and of every Thing therein contained, (2) rs alfo of all other Statutes heretofore made againft unlawful Maintenance, Champerty, Embracery or unlawful Retainers, to the Intent that no manner of 'Perfon or Perfons, hearing the fame, fhould be ignorant or mifcognifant of the Dangers and Penalties therein eccntained and fpecified. V* Provided
 * the Profit there- I.I. And furthermore, That no manner of Perfon or Perfons, of what Eftate, Degree or Condition foever
 * »!i^«^wL the Tuftices of Affife of every Circuit within this Realm, and elfewhere within the King's Dominions, fhall