| 418 |
Bailment.
to the service it self, by yielding it where it is not grantable; and
for fear
of danger to themselves in both cases. |
Chap. 166. |
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For whosoever do detain Prisoners who are bailable,
after they have
offered sufficient Sureties, shall be grievously amerced to the King: and
he that doth take any reward for the deliverance of such shall be amerced
to the King, and pay double to the Prisoner. |
3 E. 1. 15.
P. Main. 6.
See 23 H.
6. c. 10.
P. Sh. 8. 11. |
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So on the other side, if one who by the Law is not
bailable, shall be let
to mainprise, this shall be adjudged a Negligent Escape to him or them
that do let him at Mainprise; and for such an Escape or Offence they
shall be fined and punished as followeth. |
25 E. 3. f.
39.
Stamf. 33.
77. |
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If the Sheriffs, Canstable, or any Bailiff of Fee
who hath the keeping
of Prisoners, shall bail any Person which is not bailable, and be thereof
attainted, they shall lose their Fee and Office for ever. And if
the Under-Sheriff,
Constable or Bailiff, or such as have Fee for keeping of Prisoners,
do it contrary to their Masters will, or any other Bailiff being not
of Fee, they shall have three years Imprisonment, and make Fine at the
Kings pleasure, Doct. & Stud. 135. |
3 E. 1. 15.
P. Mainp.
3, 4. |
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Note, That the Sheriffs and other Officers which
do let to bail any persons
forbidden (by the Statute of Westm. 1. made 3 E. 1. cap.
15.) to be bailed,
shall be punished by the Justices of Gaol-delivery, according to the
form of the same Statute; or else by the said Justices they may be put
to their Fine, as for an Escape punishable at the Common Law, 25 E.
3. 39. |
27 E. 1. c. 3.
P. Main. 4. |
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' Quære, if it be not felony for them
to bail Felons, or persons suspected
' for felony, for that these Officers have no Authority at this day
to
' bail such Prisoners, Et vide hic cap. 117. |
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' Bre. de Manucaptione est, lou home est prise
for suspition de Felony, ou est
' endite de Felony, pur que chose il est mainpernable per Ley, & il
offer suffic.
' Sureties al un q' ad authority de luy lesser al mainprise, & il refuse
de ceo faire.
' Fitz. 249. |
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' Note, what persons be forbidden to be bailed by
the said Statute of
' Westm. 1. see postea sub hoc tit. |
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Note also, that the Sheriff or Constable might at
the Common Law
have bailed a suspect of felony, (because they were Conservators of the
Peace;) but now that power seemeth to be transferred to the Justices of
Peace only. See the Stat. 1. R. 3. c. 3. & 3 H.
7. 3. |
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| By the Justices. |
If any Justices of Peace do let to bail or mainprise
any person who (for
any Offence by him committed) is declared not to be bailable, or forbidden
to be bailed by the aforesaid Statute of 3 Ed. 1. the said Justices
of Peace so offending shall pay such Fines as shall be assessed by the
Justices
of Gaol-delivery where the Offence shall be committed, Fitz. 251.
i. See hic postea. |
1 & 2 P. &
M. c. 13.
P. Just. fol.
P. Main. 4. |
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But the Justices of Peace and Coroners within London
and Middlesex,
and in all other Cities, Boroughs and Towns Corporate, have authority
to let to bail Felons and Prisoners; as they have formerly accustomed,
P.
Just. 107. |
1 & 2 P. &
M. 13.
See Co. 10.
100. b. |
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If the Sheriff, Justices of Peace, or other Officers,
shall bail one that is
not bailable, such Bailment being against Law, quære if the
Recognizance
or Bond taken upon such Bailment (for the appearance of the Prisoner)
be not void. See the Opinion of Moile, 37 H. 6. 1.
and of the Court there,
that such a Bond taken by the Sheriff is void. |
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Now to shew farther the authority of the Justices
of Peace in this
behalf. |
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