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    1. Re: [OEL] 1404 RECORD
    2. Tompkins, M.L.L.
    3. > To the sherrifs of London. Like writ, mutatis mutandis, by mainprise > of Thomas Bower "sadeler", Robert Asshe "lymnour", John Wygaun > "glover" and John Coventre "glover" of London, <<they are offering support, possible as character witnesses, in the case the Freetons are bringing against the three tailors. Often it was more a matter of how many people spoke kind words about you that if you were really innocent of whatever was charged.>> Mainprise related to getting the defendant into court, rather than speaking on his behalf (and was much more serious than just saying a good word for him) - it meant giving your personal legal guarantee that the defendant would turn up in court, with personal liability on your part if he did not. "The writ of mainprize, manucaptio, is a writ directed to the sheriff, (either generally, when any man is imprisoned for a bailable offence, and bail hath been refused ; or specially, when the offence or cause of commitment is not properly bailable below) commanding him to take sureties for the prisoner's appearance, usually called mainpernors, and to set him at large. Mainpernors differ from bail, in that a man's bail may imprison or surrender him up before the stipulated day of appearance; mainpernors can do neither, but are barely sureties for his appearance at the day: bail are only sureties, that the party be answerable for the special matter for which they stipulate; mainpernors are bound to produce him to answer all charge whatsoever." (Blackstone's Commentaries, Bk 3, Ch 8, p 128.) Matt

    11/18/2009 01:25:08