| Chap. 161.
Dyer 296. |
Accessaries.
12 & 13 Eliz. Dyer 296. And yet by some other
Authorities, the receiving
of Traitors after the offence, knowing thereof, is holden to be
Treason. See 3 H. 7. 10. Br. Treason 19.
Hussey Chief Justice, and Cromp.
42. b. who alledged the Book called The Exposition of the
Terms of the Law,
tit. Accessaries. |
395 |
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Sir Edw. Coke L. 57. telleth us, That in
the highest and lowest Offences
there be no Accessaries, but all are Principals: As in the highest
Offence,
which is Crimen læsæ Majestatis, there be no Accessaries;
and so in the
lowest, as in Riots, Routs, Forceable Entries, and other Trespasses,
Vi
& Armis. |
§. 2.
In what
offences. |
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In cases of Præmunite there may be
Principal and Accessary, by some
opinions, 44 E. 3. & 8 H. 4. 6. b. Hulls, Br.
Præmunere
4. 6. Tame quære,
for these Offences seem more like a Trespass than a Felony, &c.
And upon
the Statute of 27 E. 3. the Offenders shall forfeit nothing,
if they appear at
the first day; but if they appear not at the first day, then (for their
contumacy)
they shall be out of the Kings Protection, and shall forfeit their
Lands and Goods to the King, which are as a pain given by the Statute;
but it is no Attainder: Also, if the Principal appear not, or
happen to be
dead, yet the other shall answer; and therefore it seemeth that they
be all
Principals in cases of Præmunire, Br. ibid. 4. |
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In Petty Treason there is a Principal, and there
may be Accessaries, as
there is in Felonies. |
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In Felony there be two sorts of Accessaries.
The one is Accessary before the Felony committed.
The other is Accessary after the Offence done. |
§. 3.
Two sorts
in Felony. |
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But he that is present at the time of the Felony
committed (be it in case
of Murther, Robbery, Burglary or Larceny (is a Principal at this day,
if
he were either a Procurer, or Mover, or Aider, Comforter or Consenter
thereto, although at that present he doth nothing, See before Plo.
100.
a.
11 H. 4. Br. Coron. 188. & 228. & Indictment
5. |
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And yet concerning Murther, note, that in every
Appeal the count is,
that every Principal Luy coup' & ferust mortalment, &c.
But those words
are but words of Form, and the striking of him which killeth the party,
shall be adjudged the striking of all those which command, procure,
move,
aid, or consent thereto, when they be present; and they which give
the
stroke or wound may be termed Principals in Fact, and the other being
present, Principals in Law. See Plo. fol. 97. b. &
100. a. |
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Stamf. 40.
b. |
If one being present at the killing or robbing of
a Man doth nothing,
yet would have aided his companion if there had need been, he shall be
adjudged a Principal, Fitz. Coron. 309. |
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F. Cor.
325.
Stamf. 37.
40. b.
Cromp. 44.
4 H. 7. 31. |
But if one be present by chance, and seeth when
another is slain or robbed,
or when any other Felony is committed, and doth not come in company
with the Felons, nor is of their Confederacy, although he doth not
make any resistance, or disturb the Felon, or levy Hue-and-Cry, nor discovereth
the same, but concealeth; yet it is no Felony in him, but misprison
of Felony, and finable as a Trespass. |
Misprison. |
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' And he may be imprisoned by the Justice of Peace
until he shall find
' Sureties to pay such Fine as shall be assessed upon him by the Justices,
before
' whom the Cause shall be heard. See Fitz. Coron. 395. |
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Also in some Cases a Man may be a Principal, although
he be not present
at the time of the Felony committed; as if A. knowing drink to be
poisoned, perswades B. to drink it, (in the absence of A.)
doth
drink it, and dieth thereof, A. is here a Principal Murtherer, Co.
4. 44. See |
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