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