Chap. 142.
Stamf. 10. |
Petty Treason.
A Servant that is departed out of service, and a
Year after killeth his
Master upon malice conceived when he was in the said service, it is Petty
Treason, Br. Treas. 151. 33 Ass. 1. 7. Co. 1. 99.
b. |
337 |
Cromp. 19.
20. 2. |
A Servant doth procure another to kill his Master,
who killeth him in the
Servants presence; this is Petty Treason in the Servant, and Murther in
the
other. See Plo. 100. a. & Br. Coro. 119
& quære. |
|
| Dyer 228. |
But if the stranger doth kill the Master in the
Servants absence, then the
Servant is only accessory to the Murther, but it is no Petty Treason in
him. |
|
| Dyer 128. |
A Servant conspireth with a stranger to Rob his
Master, and at a time
appointed in the night, he letteth in the stranger into the House, and
leads
him to his Masters Chamber, and the stranger killeth his Master, the servant
standing by but saying nothing, this is Petty Treason in the servant, and
Murder in the stranger: yet by some, this is but Murther in the
servant,
Ibid. & 40 Ass. Br. Cor. 119. For where the
principal is but a Felon, the
accessary cannot be a Traytor. See Plo. 100. a. that
the servant is a principal
in this case, and after, tit. Accessary. |
|
| Cromp. 20. |
A servant commands one to beat his Master, and he
killeth him, this is
Petty Treason in the servant, if he be present. |
|
| Cromp. 20. |
A servant upon malice prepensed, shooteth at a stranger,
and misseth
him, and killeth his Master being by; this is Petty Treason in the servant,
(though he intended no hurt to his Master, yet) because he intended
Murther thereby. |
|
Br. Treas.
301. |
The Wife maliciously killeth her Husband, this is
Petty Treason, 25 Ed.
3. cap. 2. |
§. 3.
The Wife. |
|
The Husband maliciously killeth his Wife, this is
but Murther. |
|
| |
The reason of this difference, is, for that the
one is in subjection and
oweth obedience, and not the other. |
|
| Dyer. 332. |
The Wife and a Servant do conspire to kill her Husband,
and the Servant
killeth him in the Wives absence; this is Petty Treason in them
both. |
|
| Dyer 1 b. |
The Wife and a stranger do conspire to kill her
Husband, and he killeth
her Husband in the Wives absence; this is no Petty Treason in the Wife,
but Murther in the stranger, and she shall be hanged as accessary to the
Murther. |
|
Cromp.
20. a. |
Also where the Wife or Servant procuring, conspiring
or practising
such Murther, at the time of such Murther is in the same house, though
they be not present thereat, but are in another Room, yet it is Petty Treason
in them, as it seemeth by two cases reported by Master Crompton
in
4 & 5 Mar. |
|
Plo. 474.
Co. 9. 81.
See more
in the title
of Murder. |
The Wife poysoneth a thing, to the intent to poyson
her Husband therewith,
the Husband eateth of it, and becometh very sick thereof, but recovereth,
after a stranger eateth thereof, and dyeth thereof, this is only Murther
in the Wife. |
|
| Crom. 20. |
The Wife poysoneth an Apple to the intent to poyson
a stranger therewith,
and layeth it to that purpose in a secret place, and the Husband by
chance eateth of it, and dyeth thereof within a year and a day, this is
Petty Treason in the Wife, for that she intended Murther thereby. |
|
Cromp. 20. |
The Wife poysoneth an Apple or other thing, and
delivereth it ti B.
(knowing nothing of the poyson) to give to C. and B.
giveth it to the
Husband, (without the assent of the Wife) who eateth thereof in the
Wives absence, and he dyeth thereof, this is Petty Treason in the Wife. |
|
| |
' And yet if A. lay impoysoned fruit for
a stranger, being his Enemy, and
' his Father or Mother come and eat it, Sir Fr. Bacon maketh a quære
whether |
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G g
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