Mainprise is a concept in
English law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures.
Principal elements of English law
Although the common law has, historically, b ...
regarding the release of a prisoner from custody upon
sureties
In finance, a surety , surety bond or guaranty involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults. Usually, a surety bond or surety is a promise by a surety or guarantor to pay ...
pending
trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribun ...
. It is nearly identical to the concept of
bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.
In some countrie ...
and has been absorbed into the laws regulating bail in many jurisdictions. When they were distinguished, bail was not restricted in the type of surety upon which a prisoner could be released, while mainprise always involved a specified sum of money. A prisoner released on bail was still technically in custody and could be re-seized, while one delivered on mainprise was no longer in custody and could not have suits brought against him as though he were.
[ Matthew Hale, '' Historia Placitorum Coronae'' (London, 1736), 124–25]
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References
English criminal law
Imprisonment and detention
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