case the king against the bail OF Strudwick the court will not estreat the  recognizance of bail until the nonappearance of the principal be enter  Strudwick who be the principal give a recognizance with bail condition to keep  the peace for a year and afterward to appear in this court on the first day of  this modern report term which he do not it be move that his recognizance may  be estreated so that the bail may be prosecute it be insist for they by their  counsel that this motion be irregular because there be no default of  Strudwicks appearance enter the court be of opinion that it be improper to  offer anything against the bail until the default of the appearance of the  principal be enter and if they have anything to offer the time will be when a  to know facias be sue out and it can not then be do until the default of  appearance as aforesaid be enter afterward this default of appearance c be  enter and the recognizance be estreated a to know facias be bring against the  bail ft be insist for they that since the say recognizance be give the  defendant Strudwick have enter into another recognizance to appear and answer  a information exhibit against he upon which he be afterward convict and commit  to the Marshalsea so that be be take out of the custody of the bail by a legal  process of this court by that mean they be discharge and that be can not be  bring up and render by they because he be escape out of gaol there be no To  bring together of the principal enter and if for that reason the court shall  be of opinion that the bail be not discharge it be move that then the proceed  upon the to know facias may be stay till the common day of estreat because the  bail may have a opportunity of retake he within the time the chief justice  hold that where a man be admit to bail he be by intendment of law in their  custody but when he be take from they by the process of this court then they  be discharge all the other judge be of a contrary opinion videlicet that they  be not discharge until the To bring together of the principal be enter for  though he be commit upon the conviction on the information he be as much in  the power of his bail as if he have be at large or still in their custody for  upon a motion in this court they may have he bring up at any time and render  back again in discharge of themselves afterward upon another day it be move  that the To bring together of the principal may be enter so as the bail may  take advantage thereof and that the proceed on the to know facias may be stay  in the mean time modern report the court will not stay the proceed on the to  know facias but order that a To bring together shall be enter on the right  recognizance for there be two videlicet one for the peace and the appearance  of the principal which be forfeit for his not appear and the other for his  appearance to answer the information upon which he be afterward convict the To  bring together must be enter on the last recognizance