Maintenance and Embracery Act 1540

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PIER AND HARBOUR ORDER CONFIRMATION 1863

CHAPTER IX.

AGENST maintenaunce and embracery byeng of titles, &c.

For Prevention of Maintenaunce and Embracery;

All Statutes against those Offences shall be put Execution.

THE King our Souveraine Lorde calling to his moste blissed remembraunce that there is nothing within this Realme that conserveth his loving subjects in more quietnes rest peace and good concorde then the due and juste ministration of his lawes and the true and indifferent triall of suche titles and issues as ben to be tried according to the lawes of this realme, whiche his moste roiall Majestic pceyveth to be gretely hindered and lettid by maynetenance embracerie Champartie subornacion of witnesses sinistre labour buying of titles and pretensed rightes of personnes not being in possession, wheruppon greate pjury hathe ensued and muche unquietnes oppression vexacion troubles wrongis and dishenheritaunce hath folowed amongest his moste loving subjectis, to the greate displeasure of Allmighty God the discontentacion of his Majestic and to the greate hinderaunce and lett of justice within this his realme; For avoyding of all which misdemeanours and bying of titles and pretensed [- - - -¹] and to thintent that justice may be the more fully and indifferently ministred and the trueth in causes of contencion plainely tryed bitwene his subjectis of this realme: Be it enacted by our said souverain lorde with thassent of the lordes spuall and temporall and the cōmons in this present plament assembled and by auctoritie of the same, that fromhensfurth all statutes heretofore made concerning maintenance champarty and embracery, or any of them nowe standing and being in their full streignth and force, shalbe put in due execution according to the tenures and effectis of the same statutis.

II. None shall buy, sell, or bargain for any Right in Lands, unless the Seller hath been in Possession or taken the Profits for One Year:

Penalty, of the Value of the Lands, on the Seller and Buyer.

Application of Penalty.

AND over that be it further enacted by thauctoritie aforesaid that no psonne or psonnes, of what estate degree or condition soever he or they be, shall fromhensfurthe bargaine bye or sell, or by any waies or meanes obtayne get or have, any pretensed rightis or titles, or take promise graunte or covenant to have any right or title of anny psonne or psonnes in or to any mannours landis tentis or hereditamentis, but if such psonne or psonnes which shall so bargaine sell give graunte covenante or promise the same their antecessours or they by whome he or they clayme the same, have ben in possession of the same, or of the reversion or remaindre therof, or taken the rentis or profites therof, by the space of one hole yere next bifore the said bargaine covenant graunte or promise made; uppon payne that he thatt shall make any suche bargaine sale promise covenante or graunte to forfaicte the hole value of the landis tenementis or hereditamentis so bargayned solde promised covenanted or graunted contraire to the fourme of this acte; And the byer or taker therof knowing the same to forfaicte also the value of the said landis tenementis or hereditamentis so by him bought or taken as is abovesaid: Thone half of the said forfaictures to be to the King our souveraine lorde, and thother half to the partie that woll sue for the same in any of the Kinges Courtes of recorde by action of dett bill playnt or information; In whiche action bill plainte or information none essoyne protection wager of lawe nor Injunction shalbe allowed.

III. Penalty on unlawful Maintenance of Suits;

and on unlawful Retainers, Embracery, Subornation, &c.

Ten Pounds.

AND furthermore that no maner of psonne or psonnes, of what estate degree or condicion soever he or they be, doo herafter unlawfully maineteyne or cause or procure any unlaufull mayntenance in any action demaunde sure or complainte in anny of the Kinges Courtes of (²) chauncerie, the sterre chamber [the³] white Hall, or elliswhere within any the Kinges dominions of England or Wales or the marches of the same, where any psonne or psonnes have or herafter shalhave auctoritie by vertue of the Kinges Comission patent or writte to hold plee of landis, or to examyn here or determyn any title of landis or any matier or witnesses concerning the title or interest of any landis teñtis or hereditamētes; And also that no psone nor psonnes of what estate degree or condition soever he or they be doo herafter unlaufully reteigne, for mainetenance of any sute or plea, any psone or psonnes, or embrace any freholders or Jurours, or suborne any witnes by tres rewardis promises or by any ocher sinistre labour or meanes, for to maineteigne any matier or cause, or to the distourbaunce or hinderaunce of Justice, or to the procurement or occasion of any maner of pjury by false verdict, or otherwise in any maner of courtes aforesaid, uppon painc of forfaicture for every suche offence x.ii. Thone moytie therof to the King our souveraine lorde and thother moytic to him that woll sue for the same by action of dett bill playnte or information in any the Kinges Courtis in which action none essoyne protection wager of lawe nor Injunction shalbe allowed.

¹ rights O.

² the O.

³ O. omits.

IV. Possessors of Lands may purchase preteused Titles.

PROVIDED alway and be it enacted by thauctoritic aforesaid that it shalbe laufull to any psonne or psonnes, bring in lawfull possession by taking of the yerely ferme rentis or profittes of or for any mannours landis tentis or hereditamentis, to bye obtaine gett or have by any reasonnable waies or meanis the pretensed righte or title of anny other psonne or psonnes herafter to be made to of or in suche manours landis tenementis or hereditamentis wherof he or they shall so be in laufull possession; any thinge in this acte conteyned to the contrarie notwithstanding.

V. Proclamation of thin Act. and others, against Maintenance, shall be made at the Assises.

AND for the due execution of this pnte acte be it further enacted by auctoritie abovesaide that the Justices of Assise of every circuyte within this realme and ellis where within the Kinges dominions, shall in every Countie within their Circuites twoo tymes in the yere, that is to say in the tyme of their sittinges for the taking of assises or deliverie of the Gaoles, cause open proclamation to be made aswell of this present acte and of everie thinge therin conteyned, as also of all other statutis heretofore made against unlaufull maynetenance champartie embracerie or unlaufull retaynours; to chintent that no maner of psonne or psonnes bearing the same shuld be ignorante or miscognisaunt of the daungiers and penalities therin conteyned and specified.

VI. Limitation of Actions, One Year.

(¹) PROVIDED alwaie and be it enacted by thauctoritie aforesaid that this Acte shall not extende to charge any psonne or psonnes with ally of the penalities mencioned in the said acte, for any offence by him or them comitted contrary to the said acte, except the same psone or psonnes so offending be sued therof by action of dett bill plaint or information in any of the Kinges Courtis within one yere next after the same offence by him or them cōmitted as is aforesaid.