case the king against yates a person commit at hull for high treason can enter  his prayer for trial in the king bench for the car c be to be take respective  SC holt the defendant be commit to the prison of hull I move to have his  prayer enter because it be for treason that he may be try c per curian you can  make a prayer here because it be to be for the next assize for the place I  urge that it be in the disjunctive and we may make our prayer either the first  day there or the first week here per holt chief justice it must be take  respective for otherwise all the felon in all the gaol in England must be  discharge for if they be commit just after the assize and come high they must  be bail if not indict before the end of the first term and if not try the  second must be discharge and yet they can be indict but in the county where  the offence be commit which can never be think the intent of that Act a shower  KB I urge the privilege of this Act the liberty of the subject the  inconvenience on the other side that then a secretary of state may send a man  to hull or Canterbury where assize be rare and he be certain a prisoner for a  year or two which spoil the true intent of our lawmaker for then slavery will  be as rife as before the make of the Act then for the inconvenience object  that will be remedy by a equitable construction of the clause where the king  witness can be ready but per curian no relief for my client a the habeas  corpus Act car c S by which it be enact that if any person who shall be commit  for treason or felony plain and special express in the warrant of commitment  upon his prayer or petition in open court the first week of the term or the  first day of the session of oyer and terminer or general gaol delivery to be  bring to his trial shall not be indict some time in the next term session of  oyer and terminer and general gaol delivery after such commitment the justice  of the say court shall upon motion in open court the last day of the term or  session set at liberty the prisoner upon bail unless it appear upon oath that  the witness for the king can not be produce the same term or session and if  such prisoner upon his prayer c shall not be indict and try the second term or  session he shall be discharge shower KB er p then I urge that the treason lie  to my client charge be do on the sea or beyond the sea videlicet send lead to  France and that may be try any where b wheresoever the king please so at last  we get he bail note it be resolve by the same justice that a man bail can make  his prayer in the earl of aylesbury case