case the king against kirk and cage if a principal and his second in a duel go  abroad on the death of the adversary and on a indictment find appear and give  notice of trial to the prosecutor clerk in court the prosecutor ought to bring  on the trial the same term or session unless there be some special cause to  prevent it S c post S c Mod S c holt Popham Conway alias Seymour have a sudden  fall out with Kirk in saint James park after hot word and some blow there  Seymour Kirk and one cage kirk friend immediate walk out of the park and  Seymour in his way take up one Morele as his friend with he and as soon as  they get out of the park they all four fight where Seymour receive a will from  Kirk which put he into a fever whereof he die whereupon Kirk and his friend  cage flee the coroner inquest find this murder and a bill be likewise find by  the grand jury and process thereupon and non be invention return afterward in  the vacation they have surrender themselves give the prosecutor clerk in court  notice that they will move the first day of next term to have a trial and upon  that motion the court seriatim deliver their opinion b this judgement be say  to have be reverse on a writ of error stringer v Phillips Eq Abr but this seem  to be a mistake for upon a search make by order of lee chief justice it do not  appear that any writ of error be bring Goodtitle v Stokes will and in the case  of Rigden v vallier Lord Hardwicke approve of the judgement upon the principle  and doctrine lie down by Turton and gold justice atk vezey see also den v  gaskin Cowp and that the word equal to be divide make a tenancy in common in a  will see also prince v heylin atk Owen v Owen atk heath v heath atk haw v haw  atk stone v Hemtly vezey Stratton v best brown c c modern report er p gold  justice here be a murder find by the coroner inquest and a trial ought not to  be spur on special where there be no affect delay in the prosecutor and here  they flee from justice but afterward surrender and late give notice and their  surrender ought to be reckon from the notice give since modern report when  there be not sufficient time for the prosecutor to prepare therefore no trial  Turton justice liberty be one of the darling of the law wherefore there ought  not to be a affect delay of prosecution but here it be their own fault that  they be not try soon for why do they fly and I be not satisfy that notice to  the clerk in court be good here but there ought to be immediate notice to the  prosecutor and no difficulty ought to be put upon a prosecution holt thief  justice the trial ought to go on not out of favour but of right for by the law  of the land malefactor ought to be bring to punishment in convenient time for  public example and it be five month since the fact be commit and it be almost  in the face on the court and sure five month be convenient time then as to  their flight that ought not to be make a ingredient for they incur the penalty  of the law for that already videlicet the forfeiture of good and chattel in  case of acquittal a and as to the point of notice the prosecutor ought to have  be in court at the return of non be invention to take a new process and so  have notice of surrender and the not do whereof argue his laches vide Henry a  statute for speedy try of murderer which be not in favour of offender but to  bring they to justice and there have be neglect in the prosecutor even since  notice give for that be on the ten instant and this be now the twentyfourth  then it be move they shall be bail but holt chief justice say that since the  trial be put off for default in they there be no room for bail without some  special cause and be order it to be make a rule of court that the witness be  bind over to appear against the prisoner next term note in this case it be  grant that some of the grand jury who find the bill may be of petit jury and  holt chief justice say that the evidence swear before the coroner can not be  offer here if they may have the witness themselves and by holt chief justice  though their go out of the park be by mutual consent and though they have do  it for more conveniency yet it be upon a sudden fall out and in pursuance of  that heat it can be murder nor be it material who draw first since both have  weapon draw and if Kirk be guilty cage must be so too and it may be a question  whether Morley though the decease second be not so likewise and though the  will be not the immediate cause of seymour death it suffice that it be the  mediate cause