Page:Letters of Junius, volume 2 (Woodfall, 1772).djvu/344

334 " such heinous offences, no one, who is notoriously guilty, seems to be bailable by the intent of this statute."—Do, 2. 99.

" common practice and allowed general rule is, that bail is only then proper, where it stands indifferent whether the party were guilty or innocent."—Do. Do.

" is no doubt but that the bailing of a person, who is not bailable by law, is punishable either at common law, as a negligent escape, or as an offence against the several statutes relative to bail."—Do, 89.

" cannot be doubted, but that neither the judges of this, nor of any other superior court of justice, are strictly within the purview of that statute; yet they will always, in their discretion, pay a due regard to it, and not admit a person to bail who is expressly declared by it irreplevisable, without some particular circumstance in his favour; and, therefore, it seems difficult to find an instance where persons, attainted of felony, or notoriously guilty of treason, or manslaughter, &c. by their own confession, or otherwise,