| 42 |
Bailment.
to the House of Correction, but rather that the Child should remain
in the Town where it was born, (or setled with the Mother) and there to
be relieved by the work of the Mother, or by relief from the reputed
Father. See to this purpose the Resolution of the Judges, Resol.
6. in the
Title Rogues. And yet the common opinion and practice is otherwise,
sc. to send the Child with the Mother, to the House of Correction;
and
this may also seem reasonable where the Child sucketh on the mother.
Vide plis cap. 6. fine, & cap. 40. Resol. 7. &
Quære. |
Chap. 12.
18 El. 3. |
|
A Maid-servant gotten with Child, where she shall
be setled. See Chap. 40.
& Resol. 12, & 21. |
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Putative Fathers and lewd Mothers of Bastard-children
leaving their
Children upon the Parish, the Church-wardens and Overseers for the Poor
of the Parish where the Child was born, may seize and take so much of the
Goods and Chattels, and of the Rents and profits of the Lands of such
reputed Fathers or Mothers, as shall be ordered by two Justices of the
Peace, for and towards discharge of the Parish, for providing for
such
Bastard; and by order of the Sessions may sell the said Goods, or so much
thereof as the Court shall think fit, and to receive so much also of the
Rents
and Profits of the Lands, for the said purposes, as shall be ordered by
the
Sessions. The punishment of such as shall kill their Bastard-children,
see
postea tis Felony by Statute.
|
14 Car. 2.
cap. 12. |
§. 1. |
CHAP. XII.
Bailment.
BY the Common Law, the Sheriff and every Constable
(being Conservators
of the Peace) might have bailed a suspect of Felony: but
this Authority seemeth to be taken from them, and given to the Justices
of Peace, by the Statutes following. |
Lamb. 15. |
|
First, by Statute 1 R. 3. cap. 3.
every Justice of Peace had Authority
(by discretion) to let to Bail persons imprisoned for suspicion of Felony,
&c. |
|
Two Justices. |
But forasmuch as after the making of that Statute,
divers not being
bailable were notwithstanding let to Bail, and so, many notable Felons
escaped; therefore this Statute was repealed by the Statute of 3 H.
7. and
thereby any two Justices of Peace (the one being of the Quorum)
were
enabled to let any prisoners (mainpernable by the Law) to Bail, to the
next General Sessions of Peace or Gaol delivery, as the case should require.
After, for that one Justice of Peace, in the name of himself and
of one other of his fellow-Justices, (not making the other Justice privy
unto the cause, whereof the Prisoner should be bailed) did oftentimes by
sinister means set at large great and notable Offenders, such as were not
bailable, and yet, to hide their affection therein, did signifie the cause
of
their apprehension to be but only for suspicion of Felony, whereby the
said
Offenders have escaped unpunished; for reformation thereof, by the Statute
1 & 2 P. & M. it was enacted, That if it be for Man slaughter,
or
Felony, or suspicion of Man-slaughter or Felony, (being bailable by
Law,)
then the same Justices must be present together at the time of the said
Bailment; and that they must certifie (in Writing subscribed with their
own hands) the said Bailment at the next General Gaol-delivery, to be
holden within the County where the person shall be arrested or suspected,
upon pain to be fined by the Justices of Gaol-delivery. |
3 H. 7.c.3.
Fitz. N.B.
251.f.
1 & 2 P. &
M. cap. 3.
P. Just. 107. |
| One Justice. |
Now by the Preamble of both the last recited Statutes,
the mischief
seemeth to be the escape of Felons; and therefore if it be not in case
of |
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