Maintenance and Embracery Act 1540

JurisdictionUK Non-devolved
Citation1540 c. 9
Statutes made at Westminster, Anno 32 Hen VIII. and Anno Dom.1540. The Billof Bracery and buying of Titles.

(32 Hen. 8) C A P. IX.

'THE King our Sovereign Lord, calling to his most blessed Remembrance, that there is nothing within this Realmthat conserveth his loving Subjects in more Quietness, Rest, Peace and good Concord, than the due and just Ministration of his Laws, and the true and indifferent Trials of such Titles and Issues, as been to be tried according to the Laws of this Realm, (2)which his most Royal Majesty perceiveth to be greatly hindred and letted by Maintenance, Embracery, Champerty, Subornation of Witnesses, sinister Labour, Buying of Titles and pretenced Rights of Persons not being in Possession, (3)whereupon great Perjuryhath ensued, and much Inquietness, Oppression, Vexation, Troubles, Wrongs and Disinheritancehath followed among his most loving Subjects, to the great Displeasure of Almighty God, the Discontentation of his Majesty, and to the great Hindrance and Let of Justice within this his Realm:' (4) For the avoiding of all which Misdemeanors, and Buying of Titles and pretenced Rights, and to the Intent that Justice may be more fully and indifferently ministred, and the Truth in Causes of Contention plainly tried between his Subjects of this Realm: (5) Be it enacted by our said Sovereign Lord, with the Assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by Authorityof the same, That from henceforth all Statutes heretofore made concerning Maintenance, Champertyand Embracery, or any of them, now standing and being in their full Strength and Force, shall be put in due Execution, according to the Tenures and Effects of the same Statutes.


II. And over that, be it further enacted by the Authority aforesaid, That no Person nor Persons, of what Estate, Degree or Condition soever he or they be, shall from henceforth bargain, buy, or sell, or by any Waysor Meansobtain, get or have any pretenced Rights or Titles, or take Promise, Grant or Covenant to have any Rightor Title of any Person or Persons, in or to any Manors, Lands, Tenements or Hereditaments (except such Person or Persons, which shall so bargain, sell, give, grant, covenant or promise the same, their Ancestors, or they by whom he or they claim the same, have been in Possession of the same, or of the Reversionor Remainder thereof, or taken the Rents or Profits thereof, by the Space of one whole Year next before...

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