case glynn against yates the bail be liable if the principal die between the  return of the can sa and the second to know facias S c stram the case be thus  the principal die not have surrender himself before the return of the second  to know facias upon a motion the question be whether the bail be liable to the  debt it be argue against the bail that they be liable for in strictness of law  upon a capias award and file against the principal and non be invention return  the bail afterward be liable it be true by the favour of the court they have  time to render the principal until the return of the second to know facias  against they more cro James Bulst W Jones hob t raym Mod a and therefore that  matter ought to be plead to the to know facias and not to be allow upon a  motion but it can be plead because it be not law to which it be answer that if  it be not law and therefore not to be plead it be the great reason that it  shall be determine upon a motion for the death of the modern report principal  be the act of God it shall never be prejudicial to the live and the plaintiff  have no damage by the death of the principal because he may have die if he  have be in gaol but it will be a great damage to the bail if they shall not be  discharge by his death Pratt chief justice the bail be bind by their  recognizance to render the principal where judgement be have against he or to  pay the condemnationmoney but by the course of the court the principal have  time to render himself in discharge of the bail until the second to know  facias against they be return and here the act of God intervene videlicet the  principal die so that he can not render himself within that time Eyre justice  it be true the grace of the court be usual extend to the bail where the  principal surrender himself but never where he do not this be the course of  the court when Popham be chief justice but it be alter by my Lord coke and  alter again in croak time cro Elizabeth b that if the principal surrender  himself before the return of the second to know facias against the bail they  shall be discharge but the indulgence of the court never extend far salk c it  be wrong to say that the plaintiff have no damage by the death of the  principal die before the time he have to surrender himself for it be see by  daily experience that man will pay their modern report er p debt rather than  be commit and so may the principal in this case rather than to be render in  custody beside the plaintiff be a stranger to the bail and there be no trust  or privity between he and they but there be a great trust between the  principal and the bail so that it seem very reasonable they shall suffer in  this case rather than the plaintiff who be a innocent person for it be  probable they may have countersecurity from the principal to indemnify they  and therefore it be more proper for they than for the plaintiff to sue his  executor or administrator upon such countersecurity for it be to be presume  that by reason of that trust which be between they they may know more of his  concern than it be possible for the plaintiff to know so on the last day of  the term judgement be give for the plaintiff against the bail