B A 
fse cannot be bailed. Sty. 418. But flat. 4 & ^ Will, and 
Mary, c. 18, enadts, that perfons outlawed, except for trea¬ 
son or felony, may appear by attorney and reverfe the fame 
without bail; except fpecial bail fha.ll be ordered by the 
court: and that perfons arrefted upon any capias utlagatum, 
except for treafon or.felony, may be difcharged by an at¬ 
torney’s engagement to appear: and, in cafes where fpe¬ 
cial bail is required, the flteriff may take bond with fureties. 
By the common law the fheriff might bail perfons ar¬ 
refted on fufpicioaof felony, or for other offence bailable; 
but he hath loft this power by the ftat. 1 Edw, IV. c. 2. 
Juftices of peace may let to bail perfons fufpedted of felo¬ 
ny, or others bailable, until the next feflions: tho’ where 
perfons are arrefted for manflaughter or felony, being bail¬ 
able by law, they are not to be let to bail by juftices of, 
peace but in open feffions, or where two juftices (quorum 
vnus) are prefent; and the fame is to be certified with the 
examination of the offender, and the accufers bound over 
to profecute, See. 3 Hen. VII. c. 3 ; not to reftrain juftices 
in London and Middlefex, and towns corporate. 1 and 2 
Phil, and Mary, c. 13. if a perfon be dangeroufly wound¬ 
ed, the offender may be bailed till the perfon is dead ; but 
it is uftial to have a durance from fame fkilful furgeon, 
that the party is likely to do well. 2 Injl, 186. A man ar¬ 
refted and imprifoned for felony, being bailable, fliall be 
bailed before it appears whether he is guilty or not; but 
when convifted, or if on examination he confeffeth the fe¬ 
lony, he cannot be bailed. 4 hijl. 178. 
It is to be obferved, that the ftat. Weft. 1, 3 Edw, I. 
c. 13, above-mentioned, doth not extend to the judges of 
B. 11 . See. only to fheriffs and other inferior officers. H. P. 
C. 98, 99. Likewife juftices of gaol delivery, not being 
within the reftraint of the ftatute of Weftm. j. may bail 
perfons convifted before them of homicide by mifadven- 
ture or felf-defence, the better to enable them to purchafe 
their pardon. Cromp. 154a. H. P. C. 101. Allb it feems 
that in diferetion they may bail a perfon convifted before 
them of manflaughter, upon fpecial circumftanc$s; as if 
the evidence againft him were flight, or if he had purclia- 
fed his pardpn. H. P.C. 101. Cromp. 153. 
The court of B. R. lias power to bail in all cafes what¬ 
soever, and will exercife their diferetion in all cafes not 
capital; in capital cafes, where innocence may be fairly 
prefumed ; and in every cafe where the charge is not al¬ 
leged with fufficient certainty. Leach’s Hawk. P.C. ii. c. 15, 
where feveral cafes are enumerated. It is to be obferved, 
that, with refpeft to the nature of the offence, although 
this court is not tied down by the rules preferibed by the 
ftat. of Weftm. 1; yet it will in diferetion pay a due re¬ 
gard to thofe rules, and not admit a perfon to bail who is 
cxprefsly declared to be irreplevifable, without foroe par¬ 
ticular circumftances in his favour. 2 Injl. 185. H.C.P. 
104. 1 Salk. 61. 3 Buljl. 113. 2 Hawk. P.C. c. 15. And 
therefore, if a perfon be attainted of felony, or convicted 
thereof by verdict general or fpecial, or notorioufly guilty 
of treafon or manflaughter, See. by his own confelTion or 
otherwife, he is not to be admitted to bail; without fome 
fpecial motive to induce the court to grant it. Kelyngey o. 
Dyer 79. 1 Buljl. 87. 
Upon a commitment of either houfe of parliament, when 
it ftands indifferent on the return of the habeas corpus, whe¬ 
ther it be legal or not, the court of B. R. ought not to bail 
a prifoner. Leach’s Hawk. P. C. ii. c. 15. But, if it be de¬ 
manded in cafe a fubjeft fhould be committed by either of 
the houfes fora matter manifellly out of their jurifdidfion, 
what remedy can he have ? “1 anfwer (fays the learned 
and cautious ferjeant Hawkins), as this is a cafe which 1 
am perfuaded will never happen, it feems needlefs over- 
nicely'to examine it.” See Leach’s notes, 2 Hawk. P. C, 
c. 15, from the cafes cited there (viz. the Hon. Alex. Mur¬ 
ray’s, 1 Wilf. 299; John Wilkes’s, 2 Wilf. 138; Entick v. 
Carrington, 11 St. Tr. 317', Brafs.Crolby’s, 3 Wilf. 1-88, 
2 Blacjjl. 755), it appears that the courts in Weftminfter- 
hall have been pofitively of opinion, “ that they have no 
power to decide on the privileges of parliament; that the 
I Li 62y 
rights of the houfe of commons are paramount to the ju- 
rifdidfion of thofe courts; that the commons are the ex- 
clufive arbiters of their own peculiar privileges; that their 
power of commitment is inherent in the very nature of 
their conftitution; and finally, that their adjudication is 
tantamount to a conviftion, and their commitment equal 
to an execution ; and that no court can difeharge a prifo- 
ner committed in execution by another court.” 
However, a perfon committed for a contempt, by order 
of either houfe of parliament, may be difcharged by B. R. 
after a diffolution or prorogation, which determines all or¬ 
ders of parliament: alfo it is faid, on an impeachment, 
when the parliament is not fitting, and the party has been 
long in prifon, B. R. may bail him. The court of B. R, 
hath bailed perfons committed to the Fleet Prifon by the 
lord chancellor; when the crime of commitment was not 
mentioned, or only in general terms, &c. 2 Hawk. P. C. 
c. 15. And B. R. having the controul of all inferior 
courts, may at their diferetion bail any perfon unjuftly 
committed by any of thofe courts. In admitting a perfon 
to bail in the court of B. R, for felony, Sec. a leveral re- 
cognifance is entered into to the king in a certain fum from 
each of the bail, that the prifoner fliall appear at a certain 
day. And alfo that the bail fliall be liable for the default 
of fuch appearance, body for body. And it is at the dif¬ 
eretion of juftices of the peace, in admitting any perfon t» 
bail for felony, to take the recognifance in a certain fum, 
or body for body: but where a perfon is bailed by any 
court, Sec. for a crime of an inferior nature, the recogni¬ 
fance ought to be only in a certain fum of money, and not 
body for body. 2 Hawk. c. 15. And the bail are to be 
bound in double the film of the criminal. Where perfons 
are bound body for body, if the offender doth not appear, 
whereby the recognifance is forfeited, the bail are not lia¬ 
ble to fuch punifhment to which the principal would be 
adjudged if found guilty, but only to be fined, Sec. Wood’s 
Injl. 618. If bail liifpeiSt the prifoner will fly, they may 
carry him before a juftice to find new fureties; or to be 
committed in their difeharge. 1 Rep. 99. The courts of 
King’s Bench, Common Pleas, and Exchequer, in term 
time, and the Chancery in term or vacation, may bail per¬ 
fons by the habeas corpus aft: fee Habeas Corpus. To 
refute bail when any one is bailable on the one hand ; or 
on the other to admit any to bail who ought not by law to 
be admitted, or to take flender bail, is puni(liable by fine. 
Sec. 2 Injl. 291. H. P.C. 97. 3Edw.Ec. 15. 27Edw. I. 
c. 3. 4Edw. HI. c. 2. 1 &2 Will, and Mary, c. 13. 31 
Car. II. c. 2. 
No perfon fhall be bailed for felony by lefs than two; 
and it is faid not to be ufual for the King’s Bench to bail 
a man on a habeas corpus , on a commitment for treafon or 
felony, without four fureties; the fum, in which the fure¬ 
ties are to be bound, ought to be never lefs than 40I. for 
a capital crime ; but it may be higher in diferetion, on 
conllderation.of the ability and quality of the prifoner, 
and the nature of the offence; and the fureties may be 
examined on oath concerning their fufficiency, by him that 
takes the bail; and, if a perfon be bailed by infufficieni 
fureties, he may be required either by him who took the 
bail, or by any other who hath power to bail him, to find 
better fureties, and on his re fa fa 1 may be committed ; for 
infufficient fureties are as none. 2 Hawk. P. C. c. 15. But 
juftices muff take care, that, under pretence of demanding 
fufficient furety, they do not make fo exceflive a demand, 
as in effedt amounts to a denial of bail; for this is looked 
upon as a great grievance, and is complained of as fuch 
by 1 Will, and Mary, ft. 2. (the bill of rights); by which 
it is declared, that exceflive bail ought not to be required. 
2 Hawk. P. C. c. 15. 
If, where a felony is committed, one is brought before 
a juftice on fufpicion, the perfon fufpedled is to be bailed, 
or committed to prifon ; but, if there is no felony done, he 
may be difcharged. H. P. C. 98, 106. Perfons committed 
for treafon or felony, and not indidted the next term, are 
to be bailed. 31 Car. II. c. 2. Where bail may have writ 
