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[Page 23]
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just now : But the only point I beg leave to
examin is, whether their of bailing was legal or not:
And as to the expediencey of it I shall inquire into.
The act of assembly constituing the examining courts,
constitutes also the general Court; and the clause in
it, which relates to bail is, "That where any person,
"under criminal prosecution, is by law bailable, he,
"or she shall not be removed from the county, to the
"public goal, in less than twenty daies after re
"commitment, but shall and may be admitted to bail
"within that time, or at any time afterwards before
"trial." Suppose then, that there be a person under
criminal prosecution who had been removed from the
county, to the public goal: (agreeable to the clause)
Could the Justices of the examining court bail the Person?
If they could not; I shall presume that, the concluding
words of the clause, "or that any time afterwards
"before trial" must refer, to the council: For if they
should not refer either to the former, or latter court,
then those words have not any operation.
It has always been said that the Judges of the General
Court are vested with equal authority here; as the Judges
of the Court of King's-bench are in England: And they
bail offenders, who have committed, homicide, ma[n]slaughter;
or as some say, of any other felony, for which a pardon
is granted. I am,
most worthy, Sir, Your affectionate humble Servant
Robert Carter.
N.B. I am not personally interested in the contest, I have just related
Robert Carter