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Accessaries.
' None shall be punished by this Act, who shall be
punished for the
' same offence by any other Act; nor shall be questioned, unless he be
' proceeded against within six months after the Offence committed.
' Ibidem. |
Chap. 161. |
§. 13.
Exportation. |
' If any export, transport, carry or convey out
of England or Ireland,
' into any Parts out of those Kingdoms, or into Scotland, any Sheep,
' or Wool, of the breed or growth of them, or any Woolfels, Mottlings,
' Shorelings, Yarn made of Wool, Woolflocks, Fullers-Earth, or Fulling-Clay;
' or shall pack or load, or cause the same on any Horse, Cart,
' or Carriage; or load, or lay on Board, or cause, &c. the same in
any
' Vessel in England or Ireland, with an intent to convey
or cause, &c.
' out of England or Ireland, into Scotland, or any
Foreign Parts; it is
' Felony, 14 Car. 2. c. 18. |
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' Every Owner of Ship, Vessel, Horse, Cart or Carriage,
upon which
' the same shall be laded to be exported, and every Master and Mariner
' of such Ship or Vessel, every Factor, Servant, or other Person, every
Customer,
' Comptroller, Waiter, Searcher, Surveyor, and other Officer or
' Person knowing thereof, and wittingly consenting thereunto, shall be
a
' Felon, and suffer as a Felon, Ibid. |
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' No Person shall be impeached for these Felonies,
unless indicted within
' four year after such Offence committed, 14 Car. 2. c. 18. |
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' The Owner of the Ships, Master or Mariner, knowing
thereof, that
' shall within three months after his knowledge thereof, or return into
' England or Ireland, give the first information bona
fide before the Barons
' of the Exchequer of England or Ireland, or the Head-officer
of the Port,
' where he arrives, upon Oath, of the Goods conveyed; and by whom,
' where, and in what Vessel; and be ready upon notice by Process to justifie
' the same, shall be excused of Felony, but liable to other Forfeitures,
14 Car. 2. cap. 18.
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§. 1. |
Accessaries. CHAP. CLXI.
V. 108.
ONE describeth an Accessary, Accessarius, quasi
accedens ad culpum,
' & particeps culpæ, as writing or knowing of it;
another, Accessarius
' etiam secundarius dicitur. |
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| In Treason. |
In High Treason there be no Accessaries, for the
Advisers, Counsellers,
Perswaders and Assistants therein, as also the Receivers knowing thereof,
be Principals, and as much as if they were Actors or Doers; yea, all
that
shall advise, counsel, perswade, command, procure or hire another to do
any Treason or Felony, (they being indeed the very cause of the Fact) may
well seem as culpable, if not more than the Principal Actor; for the Rule
is, Plus peccat author quam actor. Examples also we have hereof,
in the Book
of God, Gen. 3. The Serpent, the procurer of the first Sin,
by Gods own
Judgment, had a greater punishment than the Woman or Man. Again,
2 Sam. 12.9. David is told (from God) that he had killed
Uriah, whereas
he only commanded Joab to kill him, &c. Yet in case
of Felony our Law
is otherwise. |
3 H. 7. 10.
Stamf. 40.
Br. Treas.
19. |
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Note, Whatever Offence doth make a Man Accessary
in Felony, the
same, or like Offence maketh him a Principal in High Treason. |
Stamf. 40. |
|
But yet it seemeth this is to be understood of Accessaries
before the
Treason; for receiving, aiding and comforting a Traytor after the Offence
(knowing the same) was holden to be but Misprison of Treason, |
Br. Cor.
135.
Brian. |
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