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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: