Opinion of Edward Chilton, 1692 June 23.
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The cases of Felony, wherein the parties are not bailable, are
1: In respect of the hainousnes of the offence
1: In a charge of Treason agt: the Kings person Counterfeiting the Seal Falsifying money Arson or burning houses In a charge of homicide
1 In case of a charge of murther, Justices of Peace can not bail, but the Kings Bench may; but doe not in discretion
2: In case of manslaughter, though it be sd defendendo & Soe appear to the Justices of Peace, they cannot bail the party accused:
1: If he confes the fact upon examination 2: If taken with the manner, if apparently known or manifested, that he killed another.
But if it be a non liquet, that the person and the charge but manslaughter, there it seemes they may bail.
Hales Pl: Cor: 98:99. June 23d: 1692 E Chilton Attor. Gen'l:
All Circumstances Relating to the Death of the Reverend Mr. John Banister being duely considered, I am humbly of opinion, that by the discretion of the Rt. Hon:ble Lt: Governr: and Councel (who have the authority of the Kings Bench within this Governmt: Jacob Colson may be bailed
June 23d: 1692 E Chilton Attor: Genl: