Statute of 13 Elizabeth

Elizabeth13 Historical Mainstatute13elizabeth

FRAUDULENT CONVEYANCES ACT OF 1571

a/k/a Statute of 13 Elizabeth, Chapter 5

MY CONTEMPORARY DISTILLATION

Transfers intended to hinder, delay or defraud the rights of creditors have so proliferated in number and variety that they diminish the due execution of law and justice and threaten orderly commerce; therefore, such transfers shall be void and of no legal effect whatsoever, and without regard to whether such transfers are otherwise legal.

The parties to such transactions must appear in court, and if the transactions are not bona fide and made with good consideration, those parties are liable to the forfeiture of one year's value of the real property so transferred, and the full value of any personal property so transferred, with half of that penalty going to the Crown and the other half going to the adversely affected creditor; further, a person convicted of such a transaction shall be incarcerated for six months without bail or personal recognizance by another.

These penalties shall not apply, however, to those merely holding tenancies in land, or reversionary or remainder interests, or rights to reversions or remainders.

This Act shall also not apply to those who hold an interest in property by way of a Writ of Forme Downe [an informal medieval letter-writ, apparently operating similar to an advisory ruling].

This Act shall not apply to those who make bona fide transfers, exchange good consideration, and are otherwise in good faith and not knowingly in collusion.

ATTEMPTED TRANSLATION TO MODERN ENGLISH MORE-OR-LESS

For the avoiding and abolishing of feigned covenants and fraudulent feoffments, gifts, grants, alienations, conveyances, bonds, suits, judgments and executions, as well of lands and tenements as of goods and chattels, more commonly used and practiced in these days, then has been seen or heard of heretofore; feoffments, gifts, grants, alienations, conveyances, bonds, suits, judgments and executions have been and are devised and contrived of malice, fraud, conspiracy, collusion or guild, to the purpose and intent to delay, hinder or defraud creditors and others of their just and lawful actions, suits, debts, accounts, damages, penalties, forfeitures, heriots, mortuaries, and reliefs, not only to the let or hinderance of the due course and execution of law and justice, but also to the overthrow of all true and plain dealing, bargaining, and arrangements between men, without therewith no commonwealth or civil society can be maintained or continued: be it therefore declared, ordained, and enacted by the authority of the present Parliament, that all and every feoffment, gift, grant, alienation, bargain, and conveyance of lands, tenements, hereditaments, goods, chattels, or any of them, or of any lease, rent, commons, or other fees or charge out of the same lands, tenements, hereditaments, goods and chattels or any of them, by writing or otherwise, and all and every bond, suit, judgment and execution at any time, had or made since the beginning of the Queen's reign that now is or at any time hereafter to be had or made, to or for any intent or purpose before declared and expressed, shall henceforth deemed and taken, only as against that person or persons his or their heirs, successors, executors, administrators and assigns and every one of them, whose actions, suits, debts, accounts, damages, penalties, forfeitures, heriotts, mortuaries, and reliefs, by such guileful, conspiratory, or fraudulent devices and practices as is aforesaid, are shall or ought be in any ways disturbed, hindered delayed or defrauded, to be clearly and utterly void frustrate and of none effect; any pretense, color, feigned consideration express of use or any other matter or thing to the contrary notwithstanding.

And be it further enacted by the authority foresaid, that all and every the parties to such feigned covenant or fraudulent feoffment, gift, grant, alienation, bargain, conveyance, bond, suites, judgments, executions and other things before expressed, or being privy or knowing the same of any of them, with at any time after the tenth day of June next coming shall wittingly and willingly put in your vow maintain justice or defend the same or same or any of them, as true simple and done had or made bona fide and upon good consideration, or shall alienate or assign such lands, tenements, goods, leases or things before mentioned, to him or them conveyed as aforesaid, or any part thereof, shall incur the penalty and forfeiture of one year's value of the said lands, tenements, hereditaments, leases, rents, commons or other fees of or out of the same, and the whole value of said goods and chattels, and also so much money as are and shall be contained in such covenants and feigned bond; the one half whereof to be the Queen's, her heirs and successors, and the other half to the party or parties grieved by such feign and fraudulent feoffment, gift, grant, alienation, bargain, conveyance, bonds, suits, judgments, executions, leases, rents, communes, fees, charges and other things aforesaid; to be recovered in the Queen's courts of record by action of debt, bill, complaint, or information, wherein none assign, protection or wager of law shall be admitted for the defendant or defendants; and also being thereof lawfully convicted, shall suffer imprisonment for one-half year without bail or personal recognizance by another.

Provided always and be it further enacted by the authority foresaid, that whereas sundry common recoveries of lands, tenements, and hereditaments have heretofore been had and hereafter may be had against tenant in tail or other tenant of the freehold, the reversion or remainder, or the right of reversion or remainder then being in any other person or persons, that every such common recovery heretofore had and hereafter to be had of any lands, tenements, or hereditaments shall, as touching such person or persons, which then had any remainder or reversion, or right of remainder or reversion, and against the heirs of every of them, stand, remain, and be of such like force and effect, and of none other, as the same should have been if this Act had never been made.

Provided always and be it further enacted by the authority aforesaid, that this Act or any thing therein contained shall not extend to make void any estate or conveyance, by reason of any person or persons shall use any voucher in any Writ of Forme Downe now depending or hereafter to be depending; but that all and every such vouchers in any Writ of Forme Downe, shall stand and be in like force and effect as if this Act had never been made; anything before in this Act contained to the contrary notwithstanding.

Provided also and be it enacted by the authority aforesaid, that this Act and any thing therein contained shall not extend to any estate or interest, in lands, tenements, hereditaments, leases, rents, commons, fees, good, or chattels, had made, conveyed or assured or hereafter to be made, conveyed, or assured, with estate or interest is or shall be upon good consideration, and bona fide lawfully conveyed or assured to any person or persons or bodies politic or corporate, not having at the time of such conveyance or assurance to them made any manner of notice or knowledge of such conspired fraud or collusion as is aforesaid; any thing before mentioned to the contrary hereof notwithstanding.

This Act to endure to the end of the first Session of the next Parliament.

THE ORIGINAL TEXT AND TWYNE'S CASE

The original text is found at https://voidabletransactions.com/cases/fca1571.pdf

The first reported case to interpret the Act was apparently the landmark decision in Twyne's Case, decided in 1601.




STATUTE OF ELIZABETH ARTICLES

  • 2019.07.08 ... Fraudulent Transfers And The Statute of 13 Elizabeth Translated To Contemporary Legal English

STATUTE OF 13 ELIZABETH TOPICS AND OPINIONS


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