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Accessaries.
other like Cases of poysoning. Antea tit. Murder. Et
postea, sub hoc tit.
Accessaries. |
Chap. 161. |
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' Two Thieves, viz. A. and B. set
upon C. and D. to rob them, C. flieth
' one way, and A. pursueth him, but robbeth him not. D.
flieth another
' way, and B. pursueth him, and robbeth him; adjudged by the
whole
' Court of Kings Bench, that A. is Principal in the Robbery
of D. and
' was hanged for it, H. 26. E. |
And part
1. p. 110. |
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Note, that the Accessary in Fact in Felony, whether
before or after,
though it be another Offence, and distinct from the Principal Fact; yet
it is also Felony, and they shall have the same punishment which the Principal
shall have. |
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Note also, when a Statute maketh or ordaineth an
Act or Offence to be
Treason or Felony, which was not so before by the Common Law, and yet
the Statute saith not that the Abettors, Aiders, Comforters or Consenters
to the doing thereof, shall be also Felons; yet it shall be Felony in them,
for that they were the Causes of the doing or committing of the Offence,
which (it may be) otherwise had not been committed. See Lamb.
p. 279,
280. 19 H. 6. fol. 47. & 11 H. 4. fol.
13. Fitz. Coron. 228. |
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And so it seemeth of Receivers, &c. after the
Offence, Lamb. 281. for
where a Statute maketh any thing Felony, it is made as Felony to all intents
and purposes. |
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§. 4.
Kinds. |
The Book called the Mirror of Justices maketh
divers manner of Accessaries;
sc.
Those which command.
And so Murder, and other Felonies, may
Those which counsel.
be committed as well in words and heart, as
Those which consent.
by outward act.
Those which are partakers in the gain.
Those which know thereof, and do not disturb or hinder
the same.
Receivers knowing there.
And those which are present at the Fact. But these
last (at this day)
are Principals as aforesaid. |
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And now our Books to divide them into two sorts,
sc. Accessaries before
the Felony (or Fact,) and Accessaries after the Fact. |
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§. 5.
Before the
Fact. |
Accessaries before the Felony, are such as shall
will, command, hire,
procure, move, conspire, counsel, abet, sc. Incourage or set on,
or consent
to commit any Petty Treason, Murther, Robbery, Rape, Burglary or Larceny,
but are not present thereat; yet all such are thereby Felons, when
the Felony is committed. |
Præcipiendo,
Persuadendo,
Consulendo,
Consentlendo. |
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But here note some difference are to be observed,
when the Principal
and chief Offender or Actor doth not accomplish the Fact altogether in
the
fals-same sort, as it was beforehand agreed and plotted between him and
the Accessary; and therefore if A. command B. to lay hold
upon C. and B.
goeth and robbeth C. This is no Felony in A. (if
he be absent when the
Robbery is done) for his Commandment might have been performed without
any Robbery. |
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But if the Commandment had been to beat C.
and the party commanded
doth kill C. or beat him so that he died thereof, A. shall
be accessary to
his Felony and Murther; for it is hazard in beating a Man, that he may
die
thereof. |
F. Co. 314. |
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A. commandeth B. to rob C. and
in attempting this B. killeth C. A. shall
be accessary to this Murther; for in attempting to rob C. the Commandment
of A. was pursued, and then when the Commandment is pursued,
and in the Execution thereof another thing falleth out, he which gave the |
Plow. 475. |
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