c little treatise on bail and mainprize the conclusion with advertisement the  end and scope of this little treatise be under correction of those of better  judgement to set forth what the law of the realm do require touch bail and  mainprize a necessary thing in I opinion for such as be justice of the peace  to be know for as he that stand upon plain sure ground although he shall be  bear of rage and tempest to the ground yet may he without danger rise of  himself again so he that have the administration of justice and in all his  occasion be guide and direct by the rule of the law neither abuse his  authority nor exceed his Commission stand on a sure ground which will bear he  up at all season wise  man be to consider thoroughly say Cicero so much be  permission quantum undertaking loan and good be the counsel as those that  follow it find whosoever give it videlicet exceed not the Commission and  albeit it be true say that judgment be law non pattern and as the logician say  exempla demonstrant non probant yet undoubted it be a great contentment and  satisfaction to a honest mind and a good conscience especial in case that  concern the life and liberty of a man to follow the precedent of grave and  reverend man how beit for as much as all good law be institute and make for  the repel of those evil that most common happen for and she who often  to fall upon jura and prantur and principal do respect the general peace and  profit of the people and therefore we use to say that a mischief be rather to  be suffer then a inconvenience that be to say that a private person shall be  punish or damnify by the rigour of the law then a general rule of the law  shall be break to the general trouble and prejudice of many it be therefore  very necessary that the law and discretion shall be concomitant and the one to  be a accident inseparable to the other so as neither law without discretion  least it shall incline to rigour nor discretion without law least confusion  shall follow shall be put in use my meaning hereby be not to allow of every  man discretion that sit on the seat of justice for that will bring forth a  monstrous confusion but I mean that discretion that arise upon the right  discern and due consideration of the true and necessary circumstance of the  matter and as we common use to say that commonlaw be nothing else but common  reason and yet we mean thereby nothing less then that common reason where with  a man be natural endue but that perfection of reason which be get by long and  continual study so in associate discretion so near to law it be not mean to  prefer it to that society each man discretion which common rather deserve the  name of affection and self will then of discretion indeed but that discretion  only we allow of in this place that either grave and reverend man have use in  such case before or rise of the circumstance of the matter as be aforesaid as  for example be not also impertinent to the matter of our treatise if it be a  question whether in a appeal of main the defendant be to be let to bail or  mainprize or no it be necessary to be examine whether the manner of the main  be horrible or heinous for the defendant may be deny bail and mainprize  whether the same be do upon a sudden affray or of the plaintiff assault or  against the intent of the defendant c for the defendant may be let to bail and  this I take to be a lawful discretion for to that end be the book reason of  the book in h foe where in a appeal of main the justice of the king bench deny  the defendant to be bail for that upontheexamination of the matter it appear  to be most cruel and horrible and therefore inrespect of the abominable  hainousnes of the same the justice will not suffer the defendant to be bail  and with this agree the opinion of bract in the treatise of his book can  appellee yes de death man de pace hunting net dangerous at least  to take in hand et in prison detru antur et there to watch while per owner  king per Pleg to send different ways well per judge to weigh well c whereby I  note that he say hunting net dangerous insinuate a difference inter  hunting net dangerous minus dangerous in that he say while per owner king per  pleg to send down it be to be understand until by that court the offence be  determine and judge they be let to bail and this particular may suffice to the  resolution of the general to conclude the author of all wisdom and true  knowledge think it requisite that those that be judge of the earth shall be  both wise and learned who I beseech God to bless with his true knowledge and  wisdom Finis