Page:Ruffhead - The Statutes at Large, 1763.djvu/196

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150
Stat. 2.
Anno tricesimo tertio Edwardi I.
A. D.
1304

[1][2][3][4][5][6][7] the other falsly and maliciously to indite, or cause to indite, (2) or falsly to move or maintain Pleas;(3) and also such as cause Children within Age to appeal Men of Felony, whereby they are imprisoned and fore grieved; (4) and such as retain Men in the Country with Liveries or Fees for to maintain their malicious Enterprises; and this extendeth as well to the Takers, as to the Givers. (5) And Stewards and Bailiffs of great Lords, which by their Seignory, Office, or Power, undertake to bear or maintain Quarrels, Pleas, or Debates, that concern other Parties than such as touch the Estate of their Lords or themselves. (6) This Ordinance and final Definition of Conspirators was made and accorded by the King and his Council in his Parliament the Thirty third Year of his Reign. (7) And it was further ordained, That Justices assigned to the hearing and determining of Felonies and Trespasses, should have the Transcript hereof. Who be Champertors. (8) [8]Champertors be they that move Pleas and Suits, or cause to be moved either by their own Procurement, or by others, and aue them at their proper Costs for to have Part of the Land in Variance, or Part of the Gains'

  1. Fitz. Consp. 2, 4,5, 10, 13, 14, 15, 16, 19, 21, 22 25
  2. 8 Co. 37.
  3. V. N.B. 56.
  4. F.N.B.117. H.
  5. Rast. 132.
  6. 2 Inst. 562.
  7. 3 Inst. 143.
  8. Not in Orig

The Statute of Champerty, made 18 Septembris, Anno 33 Edw. I, Stat. 3. and Anno Dom. 1305.

The Punishment of such as commit Champerty.

[1][2][3][4][5][6][7][8][9]"WHERE it is contained in our Statute, that none of our Court shall take any Plea to Champerty by Craft nor by Engine; (2) and that no Pleaders, Apprentises, Atturnies, Stewards of great Men, Bailiffs, nor any other of the Realm, shall take for Maintenance, or the like Bargain, any Manner of Suit or Plea against other, whereby all the Realm is much grieved, and both Rich and Poor troubled in divers Manners;" (2) it is provided by a common Accord, That all such as from henceforth shall be attainted of such Emprises, Suits, or Bargains, and such as consent thereunto, shall have Imprisonment of Three Years, and shall make Fine at the King's Pleasure. Given at Berwick upon Tweed the Twentieth Year of the reign of King Edward. (4) Our Lord the King, at the Information of Gilbert Rowbery, Clerk of his Council, hath commanded, That whosoever will complain himself of Conspirators, Inventors, and Maintainors of false Quarrels, and Partakers thereof, and Brokers of Debates, that Gilbert Thornton shall cause them to be attached by his Writ, that they be before our Sovereign Lord the King, to answer unto the Plaintiffs by this Writ following:

Writ of Conspiracy. II. Rex vic salutem. Præcipimus tibi, quod si A. de G. fecerit te securum de clamore suo prosequendo, tunc pone per vadium & salvos plegios G. de C. quod sit coram nobis in oclabis sancti Joh' Baptiftæ, ubicunque tunc suerimus in Anglia, ad respondendum prædicto A. de placito conspirationis & transgressionis, secundum ordinationem nostram nuper inde provisam, sicut idem A. rationabiliter monstrare poterit, quod ei inde respondere debeat, & habeas ibi nomina plegiorum & hoc breve. Teste, &c.

  1. 3 Ed. I. c. 25, 28 & 33.
  2. 13 Ed. 1. Stat. 1. c. 49.
  3. 28 Ed. 1. Stat. 3. c. 11.
  4. Rast. 119. 20
  5. H. 6. f. 13.
  6. 9 H. 7. f. 18.
  7. 15 H. 7. f. 2.
  8. Regist. 183.
  9. Enforced by 1 Ed. 3. Stat. 2. c. 14. 4 Ed. 3. c. 11. 20 Ed. 3. c. 4. 1 Rich. 2. c. 4. 7 Rich. 2. c. 15. and 22. H. 8. c. 9. against buying of Titles, &c. which farther enforces the Statutes against Maintenance, &c.
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