| 424 |
Bailment.
Or he may have a Writ out of the Chancery directed
to the Justice of
Peace, or to the Sheriff, to take Surety of him for his Appearance before
the Justices at their Sessions, &c. Or he may have a Certiorari
to the
Justices of Peace, to remove the Record into the Kings Bench; and a Habeas
Corpus to the Sheriff, to remove the Body thither also, Fitz. 250.
g.
h. i. & 251. c. |
Chap. 166. |
|
If Process from the Sessions shall go forth upon
an Indictment of Trespass,
&c. it seemeth that any one Justice of peace may take Bail of the
party to appear at the day, &c. to answer to the Indictment:
and the same
Justice may thereupon make his Supersedeas de cap. Indictat: (and
so of
the Exigent;) for otherwise, besides the mischief of Imprisonment, the
party may be outlawed before the Sessions. See some precedents therein,
postea tit. Precedents. |
Crom. 197
234. |
|
Note, that the Justices of Peace are not to bail
any prisoner, except
the prisoner be committed for such cause whereof the said Justices of
Peace be competent Judges, sc. such Causes as they may hear and
determine. |
|
|
And therefore if a Man be taken upon Process of
Rebellion issuing out
of the Chancery, the Justices of Peace are not to bail him. And M.
Cromp.
reporteth of two Justices of Peace who were fined for bailing one in
such
a case. |
Lamb. 337.
Crom. 152. |
|
If a Man be arrested by force of any Process, Writ,
Bill or Warrant,
in any Action personal, the Justices of Peace are not to bail him. |
|
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Persons condemned in any of the Kings Courts, and
by virtue thereof
committed to prison; and persons being in Execution upon any Statute
or Recognizance, &c. at the Suit of any person, the Justices of Peace
are not to bail any such. |
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| Approver. |
6. Sixthly, he that is appealed by an Approver
(being no common
Thief, nor defamed after the death of the Approver) is bailable
by the
said Statute of West. 1. |
P. Main. 2.
Fitz. 250.
d. |
|
' An Approver or Appellor is he who hath committed
some Felony,
' which he confesseth, and then appealeth others, accusing then that they
' were Coadjutors or Helpers with him in doing the same. Et sic
dicti, quia
' ad hoc probandum, quod in Appello allegarunt tenentur, idque vel
Duello, vel
' per Patriam, sc. Jurat. legalium hominum, juxta reorum electionem.
Cow. |
|
|
' And this Accusation by the Approver must be done
before the Coroner,
' either assigned to the Felon by the Court, to take and record
' what he saith; or else may be called by the Felon himself, and required
' for the good of the King and the State to record his Accusation,
' and what he saith, Ibid. Exceptiones contra Apellum. Vide
Bract. lib. 3.
' c. 20. &c. |
|
|
Note, That a Man cannot become an Approver (or
an Accuser of others)
before Justices of Peace, (for that the Justices of Peace have no authority
to assign him a Coroner:) nevertheless it seemeth both reasonable
and serviceable, that if a Felon will become an Approver, that is,
will confess
his Felony, and also accuse others that were Coadjutors with him in
doing the same Felony, (or other Felonies) before a Justice of Peace, that
such Justice may take his Confession, and commit him to the Gaol, and
may also grant out his Warrant for the apprehending of the others, that
are so accused. |
Stamf. 144.
a.
B. Peace 1.
Abr. d' Ass.
72, 76. |
|
Concerning an Approver, observe these Rules.
1. One cannot be an Approver, but in Felony or
Treason, 9 H. 6.
2. One cannot be an Approver, but upon Indictment
only, 1 H. 7. 5. |
Stamf. |
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