Mainprise

English Law: Mainprise in the Past

The taking a man into friendly custody, who might or be committed to prison, upon security given for his appearance at a time and place assigned. Wood’s Inst. B. 4, c. 4.

Developments

Mainprise differs from bail in this, that a man’s mainpernors are barely his sureties and cannot imprison him themselves to secure his appearance, as his bail may, who are looked upon as his gaolers, to whose custody he is committed.. 6 Mod. 231; 7 Mod. 77, 85, 98; Ld. Raym. 606; Bac. Ab. Bail in Civil Cases; 4 Inst. 180. Vide Mainpernors. Writ of Mainprise; and 15 Vin. Ab. 146; 3 Bl. Com. 128. [1][rtbs name=”history-of-english-law”]

Resources

Notes and References

1. Partialy, this information about mainprise is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including mainprise.

See Also