case captain kirk case on a surrender in vacation to a indictment of murder  notice that he will enter his prayer for trial the first day of the ensue term  be not sufficient SC Mod SC holt the court of king bench will not bail a  person commit for murder on account of ill health unless it appear to be the  immediate consequence modern er p of the confinement and that his life be in  danger the court of king bench will not bail a person in custody on a  indictment for treason or murder except on very extraordinary circumstance the  question be whether captain Kirk who be indict for the murder of Conway  Seymour Esq shall be bring to his trial this term holt chief justice I be of  opinion that this fact ought to be try for as I take it the prosecutor have be  too dilatory in his prosecution and man ought not to be restrain of their  liberty any long than a convenient time for they to be bring to trial this  remissness in the prosecution of criminal be look upon to be a great mischief  at the commonlaw and therefore be redress by the Henry c by which it appear  that justice ought not to be delay but by Turton and gold justice the trial  ought to be put off for that after his surrender he do not give the prosecutor  timely notice and therefore he say be he be not prepare at another day captain  Kirk be bring up by rule of court Mr Montague move that Mr Kirk may be admit  to bail for that he and the other gentleman Mr cage be dangerous ill by reason  of the badness of the air and the inconveniency of the prison and that upon  proof of such matter the court bad frequent bail person though the coroner  inquest have find they guilty of murder and the reason be because imprisonment  in such modern case be not design as a punishment but only to bring the party  to justice e contra reply it be true your lordship have power to bail in  treason or murder but you will not exert that power unless it be in  extraordinary circumstance as in some case that have be quote and especial in  such where the prosecution be think not to be well ground but here be no  pretence of a malicious prosecution for that here be two inquisition for  murder find one before the coroner and the other by the grand jury but it be  not doubt whether Mr Seymour be kill by this gentleman that too plain appear  here be no peradventure whether this unfortunate gentleman be kill by captain  Kirk so that it be but reasonable that he shall give account of spill his  blood there have not here be any long lie in prison this be but the first term  after their commitment the blood of Mr Conway be upon the land until it be  revenge or the justice of the nation be clear by a fair trial I can remember  your lordship of a case where a person after he be out upon bail be take up in  the vacation and be commit it be in the case of murder meaning Mr c holt chief  justice I be very well satisfy with what I do then and be so still but indeed  in this case I do not think that their affidavit be full enough it do not  appear that by this imprisonment they be in danger of their life it be say in  egerton case in the thirteenth year of James the first that if there be any  delay in the prisoner in the put off their trial or in not give timely notice  there can be no bail of they and here since they do not give notice of their  render to the prosecutor as this be good reason for defer their trial so it be  also the same for not be bail