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Updated: May 3, 2025
"Pardon me, my good sir pardon me," said the insatiable clerk; "this is a case in which neither bail nor mainprize can be received, the felon who is liable to be committed on heavy grounds of suspicion, not being replevisable under the statute of the 3d of King Edward, there being in that act an express exception of such as be charged of commandment, or force, and aid of felony done;" and he hinted that his worship would do well to remember that such were no way replevisable by common writ, nor without writ.
It enacted, That none of the penal laws should be construed to extend to those dissenters who should take the oaths to the present government, and subscribe the declaration of the thirtieth year of the reign of Charles II. provided that they should hold no private assemblies or conventicles with the doors shut; that nothing should be construed to exempt them from the payment of tithes or other parochial duties: that, in case of being chosen into the office of constable, churchwarden, overseer, &c. and of scrupling to take the oaths annexed to such offices, they should be allowed to execute the employment by deputy: that the preachers and teachers in congregations of dissenting protestants who should take the oaths, subscribe the declaration, together with all the articles of religion, except the thirty-fourth and the two succeeding articles, and part of the twentieth, should be exempted from the penalties decreed against non-conformists, as well as from serving upon juries, or acting in parish offices: yet all justices of the peace were empowered to require such dissenters to subscribe the declaration and take the oaths; and, in case of refusal, to commit them to prison without bail or mainprize.
And what then? why, then, he may borrow again whenever he will, he may take up money and goods, or anything, upon his bare words, or note; when another man must give bondsmen, or mainprize, that is, a pawn or pledge for security, and hardly be trusted to neither. This is credit.
Mrs. Pindust behaved herself with such an air of innocence, that she easily gained credit, and was acquitted. Upon which occasion I gave it as a standing rule, "That any person, who in any letter, billet, or discourse, should tell a woman he died for her, should, if she pleased, be obliged to live with her, or be immediately interred upon such their own confessions without bail or mainprize."
And that no Man's Person shall be restrained, or imprisoned, by any Authority whatsoever, before the Law hat sentenced him thereunto, if he can and will give sufficient Security, Bail, or Mainprize for his Appearance and good Behaviour in the mean Time, unless it be for Capital Crimes, Contempt in open Court, or in such Cases wherein some express Law doth allow of, or order the same."
"Pardon me, my good sir pardon me," said the insatiable clerk; "this is a case in which neither bail nor mainprize can be received, the felon who is liable to be committed on heavy grounds of suspicion, not being replevisable under the statute of the 3d of King Edward, there being in that act an express exception of such as be charged of commandment, or force, and aid of felony done;" and he hinted that his worship would do well to remember that such were no way replevisable by common writ, nor without writ.
Yet he requested the court to arrest Hackett, "him to detain in safe custody without baile or mainprize," in order to save himself from the risk of a personal attack. A similar case occurred in 1730, when Mr. Solomon White entered complaint in the Princess Anne County court against Rodolphus Melborne for challenging him "with sword and pistoll."
"Right trusty and well-beloved cousin, we greet you well; and whereas it has come to our knowledge that sundry persons, as well religious as secular priests and curates in their parishes and in divers places within this our realm, do daily, as much as in them is, set forth and extol the jurisdiction of the Bishop of Rome, otherwise called the Pope; sowing their seditious, pestilent, and false doctrines; praying for him in the pulpit and making him a god; to the great deceit of our subjects, bringing them into errours and evil opinions; more preferring the power, laws, and jurisdiction of the said Bishop of Rome than the most holy laws and precepts of Almighty God: We therefore, minding not only to proceed for an unity and quietness among our said subjects, but also greatly coveting and desiring them to be brought to a knowledge of the mere verity and truth, and no longer to be seduced with any such superstitious and false doctrines of any earthly usurper of God's laws will, therefore, and command you, that whensoever ye shall hear of any such seditious persons, ye indelayedly do take and apprehend them, or cause them to be apprehended and taken, and so committed to ward, there to remain without bail or mainprize, until, upon your advertisement thereof to us and to our council, ye shall know our further pleasure.
"Item where they say in the same article that upon their appearance ex officio at the only pleasure of the ordinaries, they be committed to prison without bail or mainprize; and there they lie some half a year or more before they come to their deliverance; to this we answer,
His desires are like the bottomless pit which he is destined to, for the one is as soon filled as the other. He shuts up his money in close custody, and that which has power to open all locks is not able to set itself at liberty. If he ever lets it out it is upon good bail and mainprize, to render itself prisoner again whensoever it shall be summoned.
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