Bail Bondsmen for the 14th Century

Speedy in speedy trial means about 18 months. So courts want to be sure that a person who is to be tried will be there when the court gets around to their case.

Sticking you in jail is one way to guarantee your attendance. It is pretty unhandy for the person; eighteen months in jail is not something most people want. And it is very expensive for the court system; they have to provide room, board and attention for 18 months.

A more palatable alternative is bail. You give the court lots of money, and they are confident you will show up for the trial to reclaim your cash. It has to be a very large sum if it is to serve as a guarantee, and most people do not have large sums sitting around waiting to be used as bail. And your local bank is unlikely to think of this as an excellent loan; it is a bit risky for their portfolio of loans.

Enter the bail bondsman. The bail bondsman will make a short term loan to cover the bail. All you have to do is pay a very high interest rate. However, if you skip the bail bondsman loses the bail money. Now there are two who want you to show up for the trial: the court system and the bail bondsman.

You buy someone to guarantee your presence at the trial.

Fortunately, most of us do not face this problem -- ever. But this is what we would do if we did face it.

The crown had something of the same problem in the 14th century.

William Kent complained to the king that Robert de Middelton had "threatened him in life and limb," and asked for the king's protection. Since protection was one of the principal responsibilities of the king something had to be done.

The options were the same. The king could tell the sheriff to toss Robert into jail or Robert could produce a guarantee that he would not "procure hurt or harm to William."

The guarantee, that was the practice in England in the 14th century, is the interesting piece of the story. It was not money. It was not someone whose interest in the matter was purchased.

They called it "mainpern," and it worked in just the reverse way. If you could find four men who would guarantee that you would do something or would not do something then you would be free of jail. Robert de Middelton found John Neuport, John Broxburne, Thomas Neville and John Boynton. They "have mainperned under a pain of 20£. that he shall do or procure no bodily hurt or harm to the said William." And if Robert did not keep his word they paid the fine.

Who were these men who would vouch for you? John Boynton needed help in 1402, and he called on friends [as best we can tell from this distance]. William Sywardy is one of the men who mainprised -- vouched for -- him. And we know that the Boyntons and the Sywardys had a relationship that extended, at least, back to the beginning of the 14th century. John's great grandfather, Robert Boynton, had been a witness for the Sywardys in a land transaction. And John, himself, had witnessed a Sywardy land transaction. The families had been vouching for each other for a century.

That's the difference: In the 14th century your friends vouched for you. In the 21st century you buy someone to vouch for you.

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The documents that tell this story came from the Calendar of Close Rolls, and are below.

Nov. 24. 1374. Westminster. Membrand 4d.

To the sheriffs of London. Order to stay altogether the further execution of the king's late writ ordering them to cause Robert de Middelton to come before them, and to compel him to find mainpernors who, under a pain to be by the sheriffs laid upon them, would mainpern him that he should not do nor procure hurt or harm to William Kent of London 'girdeler,' and if they have arrested the said Robert, order to set him free without delay; as that order was made at the prayer of the said William, averring that the said Robert threatened him in life and limbs; but John Neuport of Norffolk, John Broxburne of London, Thomas Neville and John Boynton of Yorkshire have mainperned under a pain of 20£. that he shall do or procure no bodily hurt or harm to the said William.

Calendar of Close Rolls, Edward III, 1374-1377, vol. XIV, For His Majesty's Stationery Office, 1913, p. 112.

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Feb. 23. 1402. Westminster. Membrane 6d.

To the same [sheriffs of London]. Like writ, mutatis mutandis, by mainprise of William Sywardy, Robert Plays, William Skyeren and Robert Ben of Yorkshire, in favour of John son and heir of Robert Boyngton knight as suit of William Trusforde chaplain and John Pertenhale, a literate person late servant of Roger Holm chancellor and canon of the church of St. Paul London, the executors of the said Roger, for debt.

Calendar of Close Rolls, Henry IV, 1399-1402, vol. I, For His Majesty's Stationery Office, 1927, p. 510.