| Chap. 166. |
Bailment.
that no Justice or Justices of peace shall let to bail any person contrary
to
the aforesaid Statute of Westm. 1. (made 3 E. 1.) cap.
15.
and so the Statute
of Westm. 1. is now as a line, whereby the Justices of peace
are to
guide themselves in cases of Bailment; I will shew here what persons
are
bailable by that Statute of Westm. 1. and what not. |
421 |
3 E. 1. 15.
P. Main. 1.
F. N. B. 66. |
By this Statute of West. 1. no prisoner shall
be let to bail which is taken
in any of these 13 Cases following. |
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1. Such as have abjured the realm shall not
be bailed. |
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Stamf. 144.
b.
Lamb. 337. |
2. Nor any Approver or Appellor, for that
he confesseth the Felony,
and himself guilty, before he can burthen or accuse another, as Coadjutor
or Helper with him in doing the same. |
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Fit. 250. d.
Br. Main. 9. |
3. Nor he which is appealed by an Approver,
so long as the Approver
doth live, except he be of good Name, or that the Approver doth wave
his
Appeal; see Stamf. 74. or that the Approver be vanquished, 25
E.
3. 42. |
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4. Nor he which is taken for burning a House,
&c. feloniously. Vide
antea Felony by the Common Law. |
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5. Nor any Excommunicate person, taken (at
the Bishops request, sc.
upon his Certificate into the Chancery) by the Writ of Excom. capiend.
F. N. B. 66. c. |
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And yet when the party is so taken, if he will conform
himself to the
Laws of Holy Church, and give Surety for his Obedience, he shall have
a
Writ de Cautione admittenda, directed to the Bishop; and if
the Bishop
will not, then he shall have a Writ to the Sheriff to deliver him.
See
Fitz. 63. c. d. |
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6. Nor any Felon taken within the manner. |
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7. Nor a Thief openly defamed and known. |
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8. Nor he which is Outlawed in case of Felony;
and yet in some cases
such as be Outlawed may be bailed by the Court, &c. See Stamf.
74. |
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9. Nor he who hath broken the Kings Prison.
Vide antea Felony by
Statute. |
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10. Nor he which is taken for Treason touching
the King himself. |
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11. Nor he which is taken for falsifying the
Kings Mony. |
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12. Nor he which counterfeiteth the Kings
Seal, Br. Mainpr. 59. |
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In all these former Cases, if the cause for which
the party is imprisoned
be Treason or Felony, or otherwise toucheth Life or Member, then shall
he not be bailable; otherwise it seemeth he may be bailed. |
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13. Nor he which is taken for a manifest Offence;
as if a Man be indicted
and imprisoned for a Riot, or other great Offence, before Justices,
by force of the Kings Commission of Oyer and Terminer, this (and the
like) are the manifest Offences whereof the Statute speaketh.
See
Fitz.
250. f. |
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West. 1. 15.
P. Main. 2. |
But by the same Statute of West. 1. such
persons are bailable, which be
taken in any of these six cases following. |
§. 9.
Persons
bailable. |
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First, He that is taken (or indicted) for light
suspition of Felony, is bailable.
See Lamb. 335. F. N. B. 249. g. 250. c. 251.
f. |
1. Persons
suspected. |
Stamf. 74.
c. |
He that is taken upon suspition of Burglary, Robbery
or Theft, if he
be not of evil Fame, nor that there be any strong presumption against
him, it seemeth he is bailable. |
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16 E. 4. 7.
Br. Main.
95. |
A Man had stollen certain Hogs, and (for that he
was of evil Fame) he
was committed without Bail; yet if he could have brought proof or witness
that he bought them, he should have been bailed. |
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| Crom. 154. |
A Man is arrested for suspition of Felony, and brought
before the Justice;
if it shall appear that there is no such Felony committed, the party
may be set at liberty without Bail: but if there be a Felony committed, |
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