| Chap. 166. |
Bailment.
' One Poynes was found guilty of Manslaughter
before the Coroner,
' and it was certified in the Kings Bench; and Poynes at Bar prayed
to
' be bailed, but it was denied him: For (as Coke said) peradventure
it
' may be Murder. And it appears by the Statute of Queen Mary,
that in
' Manslaughter the party is not always bailable, for if he confess the
Fact
' he is not bailable; which Houghton granted, and said, that he
is not bailable
' if the Fact be notorious, which the Court granted. Poynes Case,
Mich. 13 Jac. Rolls Rep. part 1. p. 268. |
423 |
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Also a Man convicted of Felony remaineth in Prison,
and after obtaineth
the Kings Pardon; the Justice of Gaol-delivery may bail him till the
next Gaol-delivery, that he may then come with his pardon and plead it,
2 E. 6. Br. Mainp. 94. |
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P. Main. 2.
Stamf. 71.
Stam. 71. c. |
4. Those that be charged with the receipt
of Thieves or Felons, or of
commandment, or force, or of aid (in Felony done) be bailable. |
4. Accessaries. |
Fit. 250. c.
Br. Mainp.
11, 39 &
58.
40 E. 3. f.
28.
Stam. 71. c.
Br. Main.
58. |
And it seemeth that Abettors, Consenters and Procurers,
and all other
Accessaries to Felonies, are within the equity of this Statute, and are
bailable:
yea, Accessaries (as well in case of the death of a Man, although it
be Murther, as in case of other Felonies) are bailable (if they be of good
Fame, until the principal be convict or attaint; but after the principal
is
attainted the Accessary shall not be bailed, but kept in prison:
and yet if
(after the Attainder of the principal) they Accessary shall appear, and
plead not guilty, or other plea, it seemeth he shall be bailed. The
reason
is, for that when the Accessary shall make default, then it is as a fugam
fecit, and a great case of suspition of the thing; but when he appeareth,
by that the suspition is now taken away, and so he is bailable. See
more
in Br. Mainp. 6, 9, 22, 54, 64 & 97. |
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Stamf. 71.
F. Cor. 200. |
If a Man be Accessary to two, and the one principal
is attainted, though
the other be not, yet the Accessary shall not be bailed. |
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In Felony, if the principal die in prison, or be
attainted of another Felony,
the Accessary shall be bailed, F. Cor. 378. Br. Mainp. 91. |
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But note, that in case of Treason neither the principal
nor accessary
shall be bailed. |
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Stamf. 74.
B. Mainp.
58, 90.
F. Main. 9. |
Also the said Statute of West. 1. cap.
15. doth no more restrain the
principals (to be bailed) than the Accessaries, in those cases where the
same Statute doth not prohibit to let to Main-prise: and therefore
if a
Man be indicted of Burglary as principal, yet he may be bailed, Stamf.
74. Br. 56. 29. Ass. Pl. 44. |
Principals. |
| Stamf. 74. |
Also the principal in an Appeal of Robbery may be
bailed; and so
may he be bailed upon an Indictment of Robbery, Br. 61, 75 &
97.
yet in an Appeal of Robbery the Book 6 H. 7. f. 1. b.
seems to the contrary. |
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Stamf. 71.
Br. 56, 58,
99. |
But the principal in the death of a Man is not bailable,
either by the
Common Law, or by the Statute of West. 1. yet see hereof before
in
this Title, that the Justices of the Kings Bench do use to bail them.
Also
see there for what Homicides the Justices of Peace may bail one that is
a
principal. |
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West. 1. 15.
P. Main. 2. |
5. Fifthly, those that be charged with (or
guilty of) any Trespass that
toucheth not loss of Life nor Member, be bailable by the Statute of West.
1.
15. But yet let the Justice of Peace have a care, that Bail be not
prohibited
by any other later Statute in such cases of Trespass. |
5. Trespass. |
Fitz. 250.
8.
Lamb. 337.
Br. 97. |
If any Person be committed to prison by Process
from the Sessions
made upon an Indictment upon any Penal Statute (not prohibiting Bail,
or for any Trespass) he may be bailed (out of Sessions) by two Justices
of the Peace, the one being of the Quorum. |
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