MAINTENANCE, in law, bears a near relation
to BARRETRY; being an officious intermeddling in a
suit that no way belongs to one, by maintaining or as-
sisting either party with money or otherwise, to pro-
secute or defend it: a practice that was greatly en-
couraged by the first introduction of uses. This is an of-
fence against public justice, as it keeps alive strength
and contention, and perverts the remedial process of
the law into an engine of oppression. And therefore,
by the Roman law, it was a species of the crimen falsi;
Vol. VI.
to enter into any confederacy, or do any act to sup-
port another's law-suit, by money, witnesses, or patro-
nage. A man may, however, maintain the suit of his
near kinsman, servant, or poor neighbour, out of cha-
rity and compassion, with impunity. Otherwise the
punishment by common law is fine and imprisonment;
and by the statute 32 Hen. VIII. c. 9. a forfeiture of
101.