Barnardiston king b the king and franklin how far the court will not discharge  a man of his recognizance Mr Fazacherly move that the defendant may be  discharge from his recognizance the recognizance be take before a justice of  peace on the that of September be twelvemonth and the condition of it be that  the defendant shall appear in this court on the last day of the then next  Michaelmas term to answer such matter as shall be there object against he and  not depart without leave of the court and to be of his good behaviour in the  mean time the justice of peace require he to give bail to this recognizance  and upon his omit to do it commit he soon after the chief justice of England  grant his habeas corpus to bring he up before he and upon his be bring up bail  he upon it the attorney general file a information against he which be not  bring to trial till the sit after last Trinity term and then be not try by  reason that there be not a full jury now he say the prosecutor talk again of  try this matter the sit after this term but he hope the defendant shall be  discharge he submit it that the construction of this recognizance be that the  defendant shall appear in this court on the last day of the next Michaelmas  term and to be of his good behaviour in the mean time and not depart the court  without licence the doubt he say he do agree will arise upon the construction  which the court shall put on the word in the mean time but if the court shall  not confine the sense of it to the end of the next term but shall extend it to  any period of time before they shall signify their licence for his depart he  submit it it will be a recognizance of a very extensive nature and such a one  as have never be allow of since the habeas corpus Act and in Dalton it be hold  that a justice of peace can take such a one if the sense of these word then be  to be confine to the time which he contend for the defendant clear ought to be  discharge for there be not so much as a charge against he for the breach of  his good behaviour within that time but if this sense of the word be not to be  admit and the recognizance shall be allow to be legal even in that general  sense yet still he submit it that the defendant ought to be discharge because  by the rule of the court the defendant be entitle to move that he may be  discharge after the end of the four Barnardiston king b er p term unless  something can be show against he as a breach of his good behaviour within that  time the four term be out at the end of last Trinity term and then nothing be  do but bare a information file against he and if that shall be sufficient a  man will never be able to be discharge from such a recognizance during his  life the chief justice own that at the time he bail the defendant he do  declare his opinion be that such a recognizance can not be legal but however  he say there be a great number of precedent Barnardiston king b show he at  that time of justice of peace take they and even of such be make out in this  court since the habeas corpus Act the court upon this declare that they will  not enter into a debate about a question of this nature so late in the term  and therefore at present they will take the recognizance to be legal then as  to the other question concern the construction of it they agree it to be  manifest that the word in the mean time must be extend to that period of time  before they shall signify their licence for the defendant depart and as to the  last question they be clear of opinion likewise that the bare fill a  information within the four term be sufficient unless there be manifest reason  to think that this be do only to oppress the subject accord the motion be  disallow Barnardiston king b term hill geo two