Page:Letters of Junius, volume 2 (Woodfall, 1772).djvu/347

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JUNIUS.
337

for custody."—Attorney General Heath. do. 238.—By these quotations from the State Trials, though otherwise not of authority, it appears plainly, that in regard to bailable or not bailable, all parties agreed in admitting one proposition as incontrovertible.

"In relation to capital offences, there are especially these acts of parliament that are the common landmarks[1] touching offences bailable or not bailable."—Hale, 2. P.C. 127. The enumeration includes the several acts cited in this paper.

"Persons, taken with the Manouvre are not bailable, because it is furtum manifestum."—Hale, 2. P.C. 133.

"The writ of Habeas Corpus is of a high nature; for if persons be wrongfully committed, they are to be discharged upon this writ returned; or, if bailable, they are to bailed;—if not bailable, they are to be committed."—Hale. 2. P.C. 143. This doctrine of Lord Chief Justice Hale refers

  1. It has been the study of Lord Mansfield to remove landmarks.