Legal Definitions - mainprise

Mainprise is a historical legal term, largely obsolete in modern law, that referred to a process similar to what we now understand as bail. It involved the release of a prisoner from custody based on a guarantee provided by another individual, known as a "mainpernor." This mainpernor would formally undertake or promise to the court that the prisoner would appear on a specified date and time for legal proceedings.

The term "mainprise" could refer to several aspects of this process:

• The act of delivering a prisoner into the custody of a mainpernor.
• The suretyship undertaking itself – the formal promise or guarantee made by the mainpernor to ensure the prisoner's appearance.
• A legal order or writ issued by a court, directing a sheriff or jailer to release a prisoner after a mainpernor had provided the necessary security or guarantee.

Essentially, it was a system where a responsible party "took into hand" the obligation for a prisoner's future court attendance.

Examples:

• Imagine a scenario in 13th-century England where a local farmer was accused of poaching on the lord's land. If a respected member of the community, perhaps the village elder, stepped forward and personally guaranteed the farmer's appearance at the next manor court session, the farmer might be released from the local lockup. This act of the elder taking responsibility for the farmer's presence would be an instance of mainprise.

  Explanation: This illustrates mainprise as the act of releasing a prisoner into the care of a mainpernor (the village elder) who then assumes responsibility for their court appearance.

• During the reign of Henry VIII, a merchant accused of a minor financial dispute might have a wealthy business associate present themselves before a judge. This associate would then formally provide a mainprise, pledging to the court, possibly with a bond or a promise of forfeiture, that the merchant would attend all required hearings and not attempt to flee the jurisdiction.

  Explanation: Here, mainprise refers to the formal suretyship undertaking – the pledge made by the business associate to guarantee the merchant's attendance in court.

• Consider a situation where a prisoner's family successfully petitioned a royal court, arguing for their release pending trial. The judge, convinced by the family's plea and the offer of a reliable guarantor, might issue a specific document known as a "writ of mainprise." This writ would be sent to the local sheriff, commanding him to release the prisoner once the designated mainpernor had formally committed to ensuring the prisoner's future court appearances.

  Explanation: This example demonstrates mainprise as a writ or legal order that facilitated a prisoner's release based on a mainpernor's guarantee.