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Bailment.
though the prisoner can clear himself, yet the Justices must either
commit
him or bail him. Vide antea tit. Felony by Statute. |
Chap. 166. |
2. Petty
Larceny. |
Secondly, he that is taken (or indicted) for petty
Larceny, (that amounteth
not to 12 d. (or above the value of 12 d.) if he were not
guilty of
some Larceny before, he is bailable. |
P. Main. 2.
Fitz. 250.
6. |
3. Persons
indicted
by Inquest
of Office. |
Thirdly, such as be indicted of Larceny by Inquest
of Office before the
Sheriff, or before Coroners or Bailiffs, &c. or in any base Court,
they
shall be set at liberty upon sufficient Surety. |
P. Main. 2. |
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And yet they shall not be bailed, if they be not
also of good Fame;
but if they be of good Fame they are to be bailed, although they be indicted
as aforesaid (before Sheriffs, Bailiffs, Coroners, or before any other
such Officers, by their Office, or in any base Court:) yet quære,
if the Justices
of peace out of their Sessions may safely bail such persons; for being
indicted, they are more than vehemently suspected, &c. Vide
pag.
sequent. |
Stamf. 74.
Fitz. 247,
& 250. c.
B. Mainp.
97. |
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One that was indicted before the Coroner, that he
had killed another
se defendendo, was (by the Justices of Gaol-delivery bailed till
the next
Assizes to purchase his pardon, 26 El. Cromp. 153. See antea
tit. Misadventure. |
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One that is indicted before the Sheriff for stealing
of a Horse (which
seemeth to have been in his Torn) may be bailed by the Sheriff (if he be
of good Fame) by the Writ de Manucaptione, F. N. B. 249. g. |
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Also one that was indicted of Burglary, as principal,
pleaded Not Guilty,
and was after bailed, 29 Lib. Ass. Fitz. Mainpr. 9. See infra. |
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Another that was indicted of Robbery was bailed,
41 lib. Ass. 30. Br.
Mainp. 61. |
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If any Murtherer being indicted, and after arraigned
at the Kings Suit,
shall be thereof acquitted within the year and day, the Justices before
whom he is acquitted shall not suffer him to fo at large, but either shall
remit him again to prison, or else may bail him (at their discretion) till
that the year and day be passed, to the end that the Wife, or next Heir
to the party murthered, may have their Appeal of the same Murther within
the year and day after the same Murther done, &c. 3 H. 7. c.
1. Fitz.
251. g. |
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Persons
Attaint or
Convict. |
But such as are attainted or convicted of Felony
are not bailable. For
although it doth not appear by any words of the said Statute of West.
1.
that it doth prohibit the Bailment of such as be attainted by Verdict,
yet
it is to be intended, that the Statute doth as well prohibit the Bailment
of those attainted by Verdict, as it doth of them who are attainted by
Outlawry: and therefore if a Prisoner, after he hath pleaded Not
Guilty,
be attainted by Verdict, That he killed a Man se defendendo, or
by misfortune,
yet shall he not be bailed by the Justice of peace. Tamen vide
antea
tit. Felonies by Casualty, & Stamf. 15. c. F. N. B. 246.
c. ' Que il serra bail per
' les Justices (de Gaol-delivery) devant queux il serra try, &c. |
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And if a Man that is arraigned of Homicide doth
plead Not Guilty,
and is found guilty, and doth pray his Clergy, and is reprieved without
judgment, he is not bailable: for being convicted of the Felony,
he is
more now than vehemently suspected, and the intendment of the Law in
cases of Bailment is, that it resteth indifferent whether he be guilty
or not,
until Trial. |
Dyer 179.
See Br.
Mainp. 97. |
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The same reason seemeth to hold, if a Man be found
guilty of Homicide
before the Coroner: yet see 22 Ass. p. 94. Br. Cor. 90.
that such are bailable
as are found (before the Coroner) but suspitious. |
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